Os direitos humanos e a crítica pachukaniana ao direito

Abstract

This research aims to investigate the relationship of human rights with the form of capitalist society and this relationship with the critical construction of the Soviet jurist Evgene Pachukanis, who built his general theory of law under the epistemological bases of Marxist dialectical materialism. To achieve this purpose, initially, we sought to analyze the historicity of human rights. To this end, their social reality was also confronted with a practical case: the international immigration crisis. In the end, we sought to synthesize the Pachukanian critique of law as a social capitalist form and then try to relate this criticism to the modern construction of human rights. The approach method used was the dialectical method, together with the inductivedeductive method. As for the research, bibliographic and documentary searches were used.