The juridical worldview and the regulation of the strike form in Brazil

Abstract

This is a scientific article that articulates the problematic of the juridical worldview by using the Pachukanisian logic of equivalence between the legal form and the commodities form, criticizing and analyzing the historical development of the strike form in Brazil in the context of the silting up of the class struggle according claim/bargain processes admissible by the valorization and circulation of value which, therefore, preserves it against structural cracks. To do so, a dialectical digression is presented concerning ideology as a material practice for the process of valorization of value and, notably, for the capitalist social reproduction. It is observed that the generalization of the commodity form and the social forms derived from it, such as the legal form, conforms the labor movement in its union practices, restricting the labour claims to processes that do not disturb the cyclical set of capital D — M ... P ... M’ — D’. This observation is demonstrated from the successive processes of legal regulation of the strikes in Brazil, which, in about a century of development, never admitted — and will never admit — the workers’ organization as an instrument of structural rupture of the capitalist social forms.