Direito como liberdade : o direito achado na rua : experiências populares emancipatórias de criação do direito / Direito como liberdade : o direito achado na rua : experiências populares emancipatórias de criação do direito

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The Law Found on the Street an expression coined by Roberto Lyra Filho is the centerpiece of this thesis, whose goal is to state a concept of Law as something that transformatively emerges from the public arenas the street where the formation of reinvented sociabilities takes place, opening peoples minds to a culture of citizenship and democratic participation. The proposal is clearly developed on the grounds of humanism, since it takes the protagonism of individuals and groups as a wish to break free from the oppressive and spoliator handcuffs they are subject to, expressing a condition of desalienation that makes it possible for them to change their destinies and life experiences towards an emancipatory direction in history. This task of liberation cannot be accomplished in isolation, but in all together, through a solidary manner. This thesis is a product of a simultaneous political and theoretical work. It shows this double aspect of the solidary and cooperative practice I have been developing since the 1980s, in the scope of my legal scholarship and teaching .Currently, these ideas inspire both the activities of a research group and the teaching of a graduate course at the University of Brasilia. These initiatives are carried out in order to build the capacity of legal practitioners who work on behalf of social movements so that they can identify experiences of rights creation in the collective action undertaken by such movements. The main goals of this thesis are: 1) to specify the political arena where social practices take place, enunciating rights even if they are contra legem; 2) to define the legal nature of the collective actors that are able to elaborate a political project of social changing, while also elaborating a theoretical representation of these groups as collective rights-holders; 3) to frame the results of those social practices of rights creation, setting new legal categories. To develop these axes of reflexion I initially considered the Law as freedom, by examining it respectively as a problem, legitimacy and a project. Then, I worked on the themes of democratic access to Justice and to legal education from a variety of focuses (Law School teaching, popular legal aid, access to higher education, emancipatory legal 8 practices, and social compromises and responsibilities of Law Schools), so as to clearly state the understanding of the institutive dimension of The Law Found on the Street. The following step was to state the category of collective rights-holders, by addressing its main components: the social movements and the networks of movements in which the new subjects are inscribed. To do so, I rescue different experiences of social mobilization that permit to set the theoretical and political foundations of the collective rights-holders category. The intention is to indicate paths that permit to open the juridical consciousness to a culture of a citizenship and democratic participation where The Law Found on the Street transformatively emerges

ASSUNTO(S)

social movements the law found on the street social movements sujeito coletivo de direito o direito achado na rua teoria do direito movimentos sociais collective rights-holders movimentos sociais o direito achado na rua the law found on the street collective rights-holders sujeito coletivo de direito

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