O direito como instrumento de controle da superestrutura: A Democracia Brasileira Judicializada pelo STF

Abstract

It is understood, in the common sense, the Law as being the set of rules for the application of justice and the minimization of conflicts of a given society. These rules, these rules, this society are not possible without the Man, because it is the Human Being who does the Right and it is for him that the Right is made (CASTRO, 2007). The Right arises to put direction, order, rules of conduct to regulate the conviviality in the society, in order to obtain that the men live in harmony. What was achieved soon after the emergence of humanity. This can be said when we speak of the staggered peoples, those who did not have writing and who lived for the benefit of an entire collectivity. In explaining the organization of capitalist society and its social structure, Marx realized that society could be divided into infrastructure and superstructure. Infrastructure refers to the forces of production, composed of the raw material, the means of production, and the workers themselves (where the relations of production are produced: employees-employees, employer-employees). It is the economic base of society, where labor relations occurs; these are marked by the exploitation of the labor force within the process of capitalist accumulation, and the superstructure is the result of strategies of the dominant groups for the consolidation and perpetuation of their dominion. It is the legal-political structure and the ideological structure State, Religion, Arts, media, Law, Police, etc. (MARX, 1979). The study begins through the Historical Context of the Science of Law, in which the concept of Law is approached; the Karl Marx Point of View; a Clipping of the Military Dictatorship, still in chapter 1 we will deal with the Law with a capital "D" and the Law with a "d" Tiny; The Social Discourse that underlies the status quo of society; The Law as an Instrument of the Superstructure, whose subtitle is: What is Super Structure and Infrastructure; What is Justice; and The Symbology of the "Power" of Law. Chapter 2 we develop the following themes: What is Democracy? The Right and Citizenship, Right to Equality and the Difference the Fundamentalist Current that exsurges in Brazil. In chapter 3 the theme was: The Executive and the Brazilian Legislature subjugated by a single and "Supreme Power", the Judiciary; The Judicialization of Brazilian Democracy is taking Brazilian History as its approach: Law as a support for the affirmation of the slave as property; The lack of defense of the worker, by the Law, in the neoliberal model; HC No 126,292. The final considerations of this work had their scope in demonstrating the incidence of the hypotheses listed in the on-screen CBT project, as well as the achievement of the objectives and the solution of the problems initially proposed.