História do Direito pelos movimentos sociais: cidadania, experiências e antropofagia jurídica nas estradas de ferro (Brasil,1906)

• Ano de defesa: 2011
• Autor(a) principal: Gustavo Silveira Siqueira
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Direito
• Link de acesso: http://hdl.handle.net/1843/BUOS-8QCMVU

This thesis discloses the legal history through social movements. It is constituted as a theory and methodology on legal history that considers the actions of social movements as one of the key elements in the historical-juridical research. Inverting the logic that social movements are only marginal movements or oppose law, it is believed that, through these demonstrations, it may be known how important juridical elementswere experimented by a section of society. Thus, the legal history through social movements intends to gather the other theories and methodologies of legal history, in order to build a critical and problematizing history. In order to do so, some important concepts for its understanding are presented, such as social movements, experiencesand juridical anthropophagy. Social movements will be constituted by an identity which focus on the "acting" of its participants, and not on the "being", thus understood as collective actions, not by the state, with minimum planning and no political agenda. The juridical experiences will be understood as the plural manifestations that can exist around what is juridical, and the concept of legal anthropophagy, as the awareness thatany right, concept or doctrine, needs to be digested, problematized and criticized before it can be bought, before it can be applied. Therefore, the legal history will be understood as a set of juridical experiences in a period of time and legal history through social movements as a comprehension tool, critic and problematization of the history of law.In the end, with the analysis of a social movement in 1906, the practicalapplicability of the thesis will be demonstrated: the construction of legal experiences in the strike of railroad employees of Company Mogyana shows how different tensions at that time can contribute to an understanding of what was the right to go on strike and the denials, in this important moment in the legal history in Brazil.