A figura do sujeito de direito no capitalismo

Abstract

The present work efforts itself to synthetize one of the concepts present on the work “General Theory of Law and Marxism” from Evguieni B. Pachukanis: the “subject of Right”. Starting from the author comprehension that the juridical form operates inserted on the logic from the commodity form presented on the first chapter of the first volume of “Capital” from Karl Marx. Pachukanis comprehends that the Law is nothing more than a inexorable product from the capitalist society, thus all his intestine structure is lined by the exchange system. In that way, the subject on the capitalism operates in that exchange system through the Law, lined by a contract or laws, that turn him in a free subject to posses or to trade, that is, a subject that perfectly fits on the capital modus operandi. Formed in the Law School, the author intellectually contributed to the judicial debates on the beginning of the XX century, as well acted actively as Vice-Commissary of the people to the URSS Justice. The author produced until the end of his life, passing away in Moscow, in 1937. Although his short life, the author´s intellectual potency is indelible. In 1924, the author published his “General Law Theory and Marxism”, in which he submits the law under the perspective of the historical dialectical materialism. The author´s brilliance comes from the way he submits the law under the Marxist perspective. Pachukanis debated with great author´s at his time, like Hans Kelsen and Carl Schmitt. Over the theorical shoulders of Karl Marx and Friedrich Engels, the author perceive the law as a social relation that reflects the way of production of its time, as well on the commodity form, it operates as a trade relationship that simultaneously legitimate the ideological veil from a system that equalize the unequal’s.