A organização popular (OPA) sob as lentes do direito achado na rua

Abstract

This monograph adopts the theoretical-methodological perspective of Direito Achado na Rua (Law Found in the Street) to investigate whether the Popular Organization (OPA) can be recognized as a collective legal subject, in light of its engagement in struggles for land, housing, and dignity. Based on exploratory bibliographic research, the study begins with a critical understanding of law, viewing it not as a mere state legal framework but as a historical and social construct emerging from the praxis of collective subjects. The first chapter introduces Law Founded in the Street, an epistemological framework formulated by José Geraldo de Sousa Júnior, drawing from NAIR and rooted in Critical Legal Theory, Legal Sociology, jusalternativism, and the dialectical humanism of Roberto Lyra Filho. The second chapter outlines the historical process of OPA’s formation and expansion, emphasizing its quilombola roots, its self-managed organizational method, and its prominent role in social and environmental conflicts. Finally, grounded in the theoretical references presented, the study explores to what extent OPA can formulate its own norms, challenge the existing legal system, and enforce rights independently of state power. The conclusion is that OPA exemplifies active citizenship, and the emergence of new legalities forged in popular struggles, reaffirming the central role of collective organization as an instrument of social transformation and as a source of legitimacy for a law rooted in popular power.