O sujeito de direito animal sob a crítica da Teoria Geral do Direito de Evguiéni B. Pachukanis

Abstract

This paper aims to demonstrate the contribution of Evguiéni Pachukanis's critique of the general theory of law to the horizon of animal liberation. Animal liberation is understood as the possibility of achieving a new social organization in which humans and animals are free from the forms of capitalist social relations. Just as all scenarios of political struggle involve the recognition of rights, the political struggle for animals is also captured by the legal phenomenon, which, in its critical Marxist expression, manifests itself as a legal form. In this context, the theoretical basis of this research belongs to the field of critical Marxist philosophy of law. By understanding that legal subjectivity is one of the forms through which exploitation is reproduced, Marxist science presents the conceptual system capable of understanding the limits of the legal form that the relationship between humans and animals assumes in contemporary times. Pachukanis's critique of the general theory of law is used as a theoretical framework from which to address the contradictions of the legalization of animals. To this end, some theoretical assumptions are made: (i) that the chances of a historical time that reaches other animals as another to whom care must be given according to their needs, decisively passes through the process of critical learning about the structures that organize capitalist sociability, such as the legal form; (ii) that uncritical activism for the legal subjectivation of animals stifles this learning and is incapable of leading us to the possibility of another historical moment that is not the reproduction of the same social relations that produce the exploitation of animals.