THEORETICAL NOTES ON CRITICISM OF LAW, GENDER AND SEXUALITY IN CONTEMPORARY CAPITALISM
Name: HIAGO ROCHA DE OLIVEIRA
Publication date: 28/04/2023
Examining board:
Name |
Role |
|---|---|
| CARLA BENITEZ MARTINS | Examinador Externo |
| GUILHERME LEITE GONÇALVES | Examinador Externo |
| GUSTAVO MOURA DE CAVALCANTI MELLO | Presidente |
| LIVIA DE CASSIA GODOI MORAES | Examinador Interno |
Summary: The research presented here aims to analyze the position of Marxist legal critique in addressing issues
related to gender and sexuality, understood as fundamental dimensions for the critical understanding
of contemporary capitalism. We begin with key notions about contemporary capitalism to engage in
dialogue with the literature on authoritarian neoliberalism and its impacts on gender and sexuality,
legal systems, and correlated legal-political disputes. Subsequently, we delve into social reproduction
theory, encompassing its emergence in Marxist feminism, its theoretical and methodological
advancements in dealing with oppressions and exploitation, and its contributions to understanding
legal relations. Next, we examine the theory surrounding queer Marxism, particularly how this literature
overcomes dematerializing perspectives on gender and sexuality and how this field sheds light on the
critique of law. Finally, we assess these approaches through a reflection on their potential contributions
to Marxist legal critique. We address some changes in contemporary legal systems, the main critical
movements within them, and their limitations in explaining gender and sexuality dynamics and
inequalities. The proposal is to follow a methodological path distinct from the excessive abstraction
prevalent in the field and contribute to an expansion of Marxist legal critique on contemporaneity,
incorporating issues related to gender and sexuality from a perspective of totality. The work helps to
establish a research agenda on how contemporary capitalism influences and is influenced by gender
and sexuality issues, and how the critique of law can be used as a tool to transform the social and
political structures that perpetuate inequalities.
