A justiça alternativa no Brasil e a reprodução das lógicas de dominação: classe, raça e gênero

Abstract

Based on the dialectic between tension and social emancipation proposed by Boaventura de Sousa Santos, this research aims to analyze the emancipatory possibilities of Law through the cooptation by the Brazilian State of some alternative logics of Law. Since colonialism, capitalism and patriarchy in modern societies are still a reality, from a macro theory applied to a field of a legal microsociology, the limits of law as an emancipatory tool are demonstrated. So, the objective is to verify the paradox that emerges into the judicial field, where the alternatives logics of Law, when coopted by the State, are faced to the rationalities of class, race and gender domination. Given the empirical research in the Special Court of Canoas, it was possible to realizes that the intersectionality of the modern domination tends to a regulation in detriment of a social emancipation. By theses empirical results, a reflexivity of both object and study are proposed as an alternative to the system issues.