FEMINISMO RADICAL E A TEORIA SOVIÉTICA DO DIREITO: INTERSECÇÕES DE UM DEBATE CRÍTICO SOBRE O DIREITO

Abstract

This research investigates the intersections between the soviet critical theory of law, represented by Piotr Stutchka and Evgeny Pashukanis, and the radical feminism of Catherine MacKinnon. Starting from the Marxist premise that law is a non-neutral instrument of power, shaped by the class relations inherent to capitalist society, the study demonstrates how this legal structure also functions as a pillar of patriarchal oppression. Historical analysis, based on authors like Silvia Federici, reveals that law was instrumentalized for the systematic control of women's bodies and labor force, as evidenced by phenomenons such as the witch hunts. While soviet theory unveils law as a "legal form" mirroring the "commodity form" or a system of class relations , MacKinnon complements this critique by introducing "sexuality" as a central category for understanding gender domination, arguing that the state and law are intrinsically male. The research concludes that the dialogue between these theories is vital and complementary, as both expose the false neutrality of law and point to the need for its supersession as a bourgeois and patriarchal social form, while acknowledging the tactical necessity of its instrumentalization in immediate political struggles. The study is qualitative and bibliographic in nature, based on the works of the cited authors.