O direito é um instrumento de resolução de conflitos sociais ou de dominação de classe? uma análise de karl marx acerca do fenômeno jurídico

Abstract

The present work aims at understanding Law as one of the "forms" resulting and engendered by a capitalista society that is divided, fractured, centrally into two main diametrically opposed classes, organizing itself for the production and reproduction of its material life in "relations of production, "consisting of capital and labor, according to Karl Marx thinking. “Production relations” are understood as the way in which men in society come together to work, change nature, and produce and reproduce the material conditions of their own existence. From the extraction of the juridical "form" of the social complex, one will try to understand the mechanisms of class domination exerted by the ruling class, the bourgeoisie, and to understand how law can express itself as a reflex and an integral part of this domination. an instrument of search for hegemony against the subaltern class, excluding it, with the process of criminalization of poverty carried out by the tools of capital that aim to reproduce both the general misery of the worker's life and the hegemonic control of society, under a cultural, political, social and, above all, economic domain, through a state apparatus that monopolizes the use of force and serves the interests of the dominant. By the bourgeoisie, we understand the class of modern capitalists, owners and holders of the means of social production and who employ wage labor, the bourgeois are those who have the surplus of what is produced by humanity in this society analyzed.