A função do direito na formação do capitalismo brasileiro de via colonial em Caio Prado Jr

Abstract

This dissertation presents the results of the research on the appearance of the juridical phenomenon in the main historiographical works of Caio Prado Jr., in view of the formation of Brazilian via colonial capitalism. From the understanding of law as ideology in the determinations inherent to modern civil-bourgeois society, it is a question of raising the specific function of law in the historical particularity of national capitalism. In the argumentative line presented it is observed that the law in Brazil fulfilled a very specific function, with deep engenderings in the slow transition from colony to the sociability properly capitalist. The central objective of this work is to contribute to the explanation of the legal reflex and of how it appears in the thought of Prado Jr. The central hypothesis is that the author in most of his works oscillates between an economistic view - leaving the secondary right in relation the economy and politics - and the active function of law. This, undeniably present in his works, however, implicitly and not expressed. On the other hand, when it comes specifically to the agrarian question, Caio Prado Jr. dwells deeply on the engendraments of the problem analyzed and the obscurity of the function of law becomes more transparent, since its analysis gains concreteness.