Teoria da reprodução social e crítica marxista ao direito: uma análise teórica sobre o aumento global da criminalização de mulheres no neoliberalismo

Abstract

Social Reproduction Theory redeems the concept of social reproduction developed by Marxist Feminism for a unitary construction of capitalist social relations that better captures the Marxian category of social totality. Therefore, as a social theory, the Social Reproduction Theory contributes to formulate theoretical explanations about social phenomena, including the object of this research: the global increase of women’s criminalization under neoliberalism. Thus, in order to theoretically analyze the global increase of women’s criminalization since the advent of neoliberalism, this dissertation proposes a dialogue between the Social Reproduction Theory and the Marxist Critique of Law, formed here by the combination of the classical critique of the legal form by Evguiéni B. Pachukanis and the recent theory of social-legal reproduction of capitalism theorized by Guilherme Gonçalves. This is, then, an explanatory research with a qualitative approach, which uses bibliographic and documental review techniques, drawing on theoretical frameworks committed to the dialectical historical materialist method. This approach points to the two essential dimensions for analyzing the global increase in the criminalization of women under neoliberalism: inserting both the sphere of social reproduction and the legal phenomenon in capitalist social relations. Thus, I concluded that the criminalization of women is a stage of legal violence arising from capitalist expropriation for the purpose of social discipline, and that it is in the context of the crisis of neoliberal social reproduction that the conditions by which more women have become criminalized have been formed. By establishing the criminalization of women as a determinant of neoliberal capitalism, this dissertation contributes to the collective project of Social Reproduction Theory to understand which are the points of determinations and/or contradictions that must necessarily be understood as constitutive of capitalism in order to then be considered for its overcoming within it.