Direito e politicismo no Brasil: para uma análise da conjuntura nacional pré e pós golpe

Abstract

According to Marx, Law can only be “official acknowledgment of the fact”. We will see that as long as we analyze the Brazilian political conjuncture, in which the “struggle for rights”, very important to the “new social movements” on the 80´s reaches, in the end, its opposite, a parliamentary and juridical Coup. The “new left” thought that the political sphere could be the solution to capitalism; although, with this, the institutional politics was seen on a naive and problematic way, in which the social struggle is seen as secondary. As a result, what José Chasin called “Brazilian misery” is perpetuated in a week concept of Democracy, in which “the people” is replaced by “the rule of Law”, or by its manipulatory use on a Coup against Brazilian president.