Notas teóricas sobre crítica do direito, gênero e sexualidade no capitalismo contemporâneo

Abstract

The research presented here aims to analyze the position of Marxist legal critique in addressing issues related to gender and sexuality, understood as fundamental dimensions for the critical understanding of contemporary capitalism. We begin with key notions about contemporary capitalism to engage in dialogue with the literature on authoritarian neoliberalism and its impacts on gender and sexuality, legal systems, and correlated legal-political disputes. Subsequently, we delve into social reproduction theory, encompassing its emergence in Marxist feminism, its theoretical and methodological advancements in dealing with oppressions and exploitation, and its contributions to understanding legal relations. Next, we examine the theory surrounding queer Marxism, particularly how this literature overcomes dematerializing perspectives on gender and sexuality and how this field sheds light on the critique of law. Finally, we assess these approaches through a reflection on their potential contributions to Marxist legal critique. We address some changes in contemporary legal systems, the main critical movements within them, and their limitations in explaining gender and sexuality dynamics and inequalities. The proposal is to follow a methodological path distinct from the excessive abstraction prevalent in the field and contribute to an expansion of Marxist legal critique on contemporaneity, incorporating issues related to gender and sexuality from a perspective of totality. The work helps to establish a research agenda on how contemporary capitalism influences and is influenced by gender and sexuality issues, and how the critique of law can be used as a tool to transform the social and political structures that perpetuate inequalities.