Direito e imaginação institucional

Abstract

It is a research that deals with the law in the thought of Roberto Mangabeira Unger and its relationship with to democracy. In the introductory and initial part, it seeks to offer a critical and general overview of Ungerian thought, with a view to placing it within contemporary debates, in particular by evaluating its philosophical, social, ethical, political and economic theory, its objections to hegemonic thinking, and the institutional alternatives it points out, indicating the pillars on which its theoretical-practical platform rests. Secondly, it appreciates legal thinking within this broad project of social change, examining it from a broad perspective of political philosophy: the law at the service of democratic radicalization. With this pretension, it investigates the misconduct of the dominant legal analysis, its limitations and ideological commitments, the proposal of a new system of rights and the fecundity of the structuring judicial measures to be undertaken by the Public Prosecutor's Office, especially by its labor branch, to finally, in the third and last chapter, to aspire to the reconfiguration of law as knowledge in the service of democratic experimentalism and institutional imagination. From the detailed examination of the possibilities of a programmatic agenda as presented by Mangabeira Unger in relation to crucial areas of legal experience, he concludes with an effort to present the contours of what could be law as a tool of institutional imagination, from the recognition Of their creative potential. Considering that, since many of the aspirations of large human emancipation projects have failed precisely because they have not found practical translation in institutions that would allow the materialization of cultivated ambitions, he maintains that law can be the space of this affirmation and encounter. The voice that could give concreteness in institutional and normative artifacts to the most generous pretensions of personal and collective aggrandizement in a more comprehensive plan of radicalization of the democratic project, in which, it is argued, it can find its most noble vocation.