A crítica marxista do direito: uma análise da forma jurídica na teoria de pachukanis

Abstract

The present article has the objective of analyzing the critique of the theory of law and the approach of legal form in the theory of Pachukanis, the most important philosopher of Marxist law, and demonstrate the innovative methodological perspective that his work has done in the legal field. Following the path taken by Marx in the critique of Political Economy, Pachukanis applies the dialectical historical method to the General Theory of Right, arriving at conclusions that disagreed with the dominant doctrines at the time, even the socialists. The present study will be carried out mainly from his main work, The General Theory of Law and Marxism, of 1924, of articles and books that in the last decades have been discussing the contribution of the Russian jurist to the field of law.