Capitalismo, processo e jurisdição: uma cadeia ininterrupta de relações jurídicas

Abstract

This study examines the structural relationship among capitalism, procedure, and jurisdiction, demonstrating that the modern legal form does not emerge as a neutral or abstract construction, but rather as a historical product of the material transformations that marked the transition from feudalism to the bourgeois state. Beginning with an analysis of primitive accumulation, it shows that the expropriation of peasants, the dissolution of communal forms of property, and the political centralization of absolutism were decisive elements in shaping contemporary legal categories, especially private property and legal subjectivity. From this standpoint, the research investigates how modern law, shaped by the reception of Roman law and the Napoleonic codification, acquired its own rationality, becoming an instrument for the stabilization of social relations and the legitimation of the capitalist order. The study further argues that jurisdiction and civil procedure, far from constituting neutral techniques of dispute resolution, play a central role in consolidating the capitalist social form. It demonstrates that the statist appropriation of jurisdiction, initiated under absolutism and refined after the French Revolution, enabled the State to monopolize legitimate violence, internalize social conflicts, and legally guarantee the circulation of commodities. Finally, drawing on Pachukanis's critical theory and contemporary procedural doctrine, the work analyzes how the modern civil process operates as a mechanism of coercion, enforcement of obligations, and reproduction of production relations, revealing that capitalism, procedure, and jurisdiction form an inseparable chain of historical and legal determinations. [resumo fornecido pelo autor]