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- Title
MOVIMENTOS POPULARES E A QUESTÃO DA TERRA: A CONSTRUÇÃO DE UM DIREITO INSURGENTE.
- Authors
Renato Vedovato, Luís; Nunes, Larissa
- Abstract
This paper aims to point out the construction of a legitimate law that emerges from the working class struggles, organized through popular movements, specifically in the conflicts over land rights. This legitimate law is called "insurgent law", a construction from the perspective of jurist Miguel Baldez. In order to achieve that, bibliographical researches and interviews with Miguel Baldez were carried out. To point out and justify this legal arrangement, the capitalist mode of production and the bourgeois law are questioned throughout the historical process of the last centuries, whereas the critical thinking formulated by Marx and the revolutions are the base for the conflicts that occur until now in the context of the class struggle. The creation of this new insurgent law is, then, brought to our current reality concretely, justified through the popular movements democratic and dialectical features, that are, therefore, founder of rights, and through the need of a law that rise as legitimate legal expression of the popular struggles, laying foundations to essential social and legal transformations.
- Subjects
MARX, Karl, 1818-1883; SOCIAL conflict; WORKING class; PROPERTY rights; CRITICAL thinking; STATUTORY interpretation
- Publication
Direito da Cidade, 2018, Vol 10, Issue 4, p2713
- ISSN
1809-6077
- Publication type
Article
- DOI
10.12957/rdc.2018.34476