Da crítica à resignação: Florestan Fernandes e o direito como ideologia no capitalismo dependente brasileiro

Abstract

The paper analyzes the works of Florestan Fernandes, Capitalismo dependente e classes sociais na América Latina, A Revolução Burguesa no Brasil - ensaio de interpretação sociológica, Que tipo de república, Florestan Fernandes na Constitu-inte - leituras para a reforma política e Constituição inacabada, - vias históricas e significado político, aiming to identify the role that the author attributed to law in the formation and perpetuation of dependent capitalism in Brazil. As a basis for the study, we used José Chasin's theory of colonialism's objectification of capitalism in Brazil, as well as the law Marxist critique and the study of national historiography. It was verified, at the end of the paper, that the author did not attribute the ex-pected importance to the law in the formation and consolidation of capitalism in Brazil, having in several moments referred to the law in conjunction with the State or politics. Thus, it was concluded that Florestan did not make a Marxist critique, since when he was radical in his critique of capitalism he was not specific in rela-tion to law as ideology, and when he was specific, analyzing law in its heterogenei-ty, it was not more radical in His criticism.