When historical materialism meets the law

Abstract

This article aims to analyze the law in capitalist society and its possibilities of contributing or opposing the necessary social changes, justifying the importance of the theme in the face of capitalist crises and the expected responses expected from the exploited. The methodology used is historical materialism. The structure of the topics presents Law, in the foreground, in its function of class domination, after its ideological role and, finally, its possibility of autonomy in the sense of the exploited's weapon of struggle. The research presents as a conclusion that the Law in the capitalist society has a role of class domination and an ideological role, mainly in the category of the subject of law, giving it a transcendent moral role, when its real function is in the sale of the labor force and in articulating the concept of universality of the State.