Perspectivas abolicionistas a partir da crítica marxista do direito

Abstract

This M. A. thesis aims to critically debate the theory of penal abolitionism proposed by Louk Hulsman and Nils Christie through the critique of Evgeni Pachukanis' theory of law as a commodity form. By analyzing the methodological premises of Pachukanis' theory and his understanding of Criminal Law, this research intends to deepen the analysis of criminal law in order to discuss the consequences and effects of implementing Hulsman and Christie's abolitionist proposal within the capitalist mode of sociability. Penal abolitionism is a criminological theory that seeks to analyze the problematic aspects inherent in and caused by the penal system and proposes the abolition of this system and the deprivation of liberty as punishment, aiming to return conflicts to the civil sphere and decriminalize certain behaviors. In the works of Christie and Hulsman, there is a strong proposal for deconstructing the punitive mode of conflict resolution, as well as the conventional language of criminal justice, in order to seek new forms of understanding events considered as criminal offenses. In their search for alternative ways to address problematic situations, the authors propose alternatives to deprivation of liberty as punishment, raising the possibility of resolving conflicts through community courts that bring together victims and offenders to find an appropriate path to resolution. In the case of Evgeni Pachukanis' theory, the proposal of Marxist legal theory brings a different analysis of Criminal Law. Drawing on the Marxist understanding of law, Pachukanis argues that the legal form is determined by a specific social relation, which is the exchange of commodities under capitalism, with the subject of law playing a central role in the understanding of the legal phenomenon. Based on this understanding, Criminal Law is seen as the sphere in which legal relations reach the greatest tension and where the class conflict is most visible. Pachukanis argues that deprivation of liberty is determined by the universalization of abstract labor, as just as commodities have value based on a socially necessary quantum of labor, reparative punishment is also assessed based on a quantum of deprivation of liberty proportional to the severity of the offense. Furthermore, just as commodities adhere to the principle of equivalence, punishments also adhere to the principle of equivalent reparation prevailing in the capitalist mode of production. Therefore, Pachukanis argues that the legal form and its most fundamental characteristics are determined by capitalism, and to abolish the legal form, the fundamental determinants must be abolished, meaning that the capitalist mode of production itself must be modified for legal relations to be radically changed. Thus, this work aims to provide a critical reading of penal abolitionism in light of Pachukanis' theory, questioning the consequences of the abolitionist endeavor in capitalist society. It seeks to analyze whether the main objectives of penal abolitionism can be achieved within the capitalist mode of production and sociability. The implications of Pachukanis' theory on the theoretical and practical project of abolitionism will be examined within a philosophical framework.