Direito como instrumento de contrapoder : materialismo, relações de gênero e valores fundamentais na efetividade jurídica da dignidade da pessoa humana
Պահպանված է:
| Հիմնական հեղինակ: | |
|---|---|
| Հրապարակման ամսաթիվ: | 2025 |
| Ձևաչափ: | Master thesis |
| Լեզու: | por |
| Աղբյուր: | Repositório Institucional da UPF |
| Download full: | https://repositorio.upf.br/handle/123456789/9587 |
Ամփոփում: | This dissertation is part of the Research Line “State Jurisdiction and Social Inclusion,” focusing on the theme of the Action Against a Violation of a Constitutional Fundamental Right n. 779, issued by the Supreme Federal Court, here treated as a potential materialist opening in law. The research problem revolves around the effective and de facto scope of “everyone” within the discourse of legal universality, subsequently raising another issue: can law operate within a materialist field, establishing itself as a counterpower? As a general objective, it analyzes the possibility of using law as an instrument of counterpower, based on material issues to establish alternatives (“there is an alternative”) in the field of legality. In the first part, dealing with the content of the aforementioned Argument, it verifies formal, theoretical, historical and social aspects allocated in its body, mainly linked to the theme whose decision recognized as unconstitutional, for violating founding precepts. In the second part, the dissertation addresses issues related to the legal aspect, focusing on its close connection with real dimensions of power, especially those of a capitalist nature. In the third and final chapter, the dissertation presents some alternatives to structure law as an unequivocal instrument of counterpower; to build a new law from the materialist-feminist power, with the aim of transcending immanent realities. Thus, concluding on the possibility of building law in a counterpower, in a clear alternative, from materialist-feminist batteries. This dissertation adopted the deductive method, with the investigation being conducted through bibliographical, documentary and jurisprudential research (obviously, with emphasis on ADPF n. 779). |