Forma jurídica, pluralismo jurídico e direito insurgente: uma análise a partir da obra de E. B. Pachukanis

Abstract

This dissertation explores the concepts of legal pluralism and Insurgent Law through Marxian and Marxist theories of Law and State, with a focus on the categories developed by Evguiéni Pachukanis. The study addresses two key questions: the compatibility between legal pluralism, Insurgent Law, and the bourgeois legal form, and the emancipatory potential of legal pluralism. The analysis begins by examining the State and Law based on the theoretical developments of Karl Marx and other Marxists, emphasizing Pachukanis's General Theory of Law and Marxism. In addition, it investigates the conceptions of legal pluralism and Insurgent Law developed by Latin American critical thought, with particular emphasis on the works of Antônio Carlos Wolkmer, Boaventura de Sousa Santos, Roberto Lyra Filho, Thomaz Miguel Pressburger, Miguel Baldéz, Jaques Alfonsin, and Ricardo Prestes Pazello. The analysis of legal pluralism as a social phenomenon in Pachukanis's work follows two paths: first, by identifying passages that mention plural regulatory forms, and second, by analyzing the legal categories of legal norm, legal relationship, and legal subject developed by Pachukanis, verifying their compatibility with the perspective of normative and legal plurality. The analysis reveals that, despite epistemological differences, legal plurality can complement the bourgeois legal system without contradicting it. However, Insurgent Law offers a perspective that goes beyond this complementarity, suggesting a horizon for overcoming the bourgeois legal form. Finally, drawing on the notion of the narrow legal horizon, the emancipatory capacity of legal pluralism is analyzed, identifying Insurgent Law as a potential emancipatory path. This approach admits the tactical use of Law in pre-revolutionary societies, aiming for the eventual abolition of bourgeois legal forms, providing a critical and transformative view that transcends traditional approaches to legal pluralism.