A judicialização das relações sociais no Brasil: as implicações decorrentes de uma sociedade juridicamente tutelada nos processos de emancipação da classe trabalhadora

Abstract

This thesis seeks to elucidate what represents, for the formation (education) of the exploited and oppressed classes, the judicialization of social relations in the context of a society divided into antagonistic social classes. This phenomenon, notably when it involves the conflicts between capital and labor, consists in transferring the solution of the disputes resulting from the class struggle from the social spaces of direct resistance to capitalist exploitation to the “terrain of law”. Thus, in order to understand the effects of a society under tutelage of the juridical branch within the capital-labor relationship, this analysis intends to investigate, in an articulated manner, three relevant categories: law, praxis and education. Law being defined as a social complex that deals, even if contradictorily, with the reproduction of current social relations, in which bourgeois hegemony is exercised in a privileged way. The praxis analyzed here is particularly the political-educational praxis, that is, it refers to those activities that are related to the political-practical exercise of the exploited and oppressed. In turn, education consists in the ethical and political formation of the subjects of that praxis. In other words, it is the formation that corresponds to the political-educational praxis, which constitutes of, in Marx's understanding, the only experience capable of achieving the elevation of the exploited and oppressed to the condition of “class for themselves”. That being so, the main question that arises is to clarify the implications that result from the process of judicialization of social relations in the formation (education) of the exploited and oppressed classes in Brazil, seeking to clarify the meaning and importance of the judicialization of conflicts within class struggle. This process, which could represent progressive advances, would actually be limited gains on the "terrain of law," as Marx argued, since they assign the issue of the capitalist mode of production itself as a secondary problem. Furthermore, the judicialization of class conflicts in Brazil removes from the exploited and oppressed the opportunity of practical exercise (formation), the only possibility of reaching a higher stage of political consciousness and ensuring effective social achievements, in the sense of overcoming the system of capitalist domination. Therefore, it could represent the submission of the historical interests of the working class to the legalinstitutional limits imposed by the bourgeois state, in the exercise of its jurisdictional function.