A ideologia jurídica no capitalismo: entre Pachukanis e seus críticos

Abstract

This paper examines the relationship between law and ideology within the Marxist tradition, focusing on the theory of Evgeni Pachukanis. The research explores how Pachukanis connects the legal form to the commodity form, arguing that law is not a neutral system but rather a reflection of mercantile exchanges and a mechanism for legitimizing capitalist relations. In addition to Pachukanis, the contributions of Piotr Stutchka and György Lukács are analyzed, each offering a distinct perspective on the role of law and ideology in the reproduction of social relations. The study also discusses contemporary critiques of Pachukanis' view, including the possibility that law may serve as a battleground within the class struggle, as suggested by Gramscian influences. The paper concludes that law, far from being a mere technical or neutral instrument, functions as a fundamental ideological mechanism for maintaining the capitalist order.