The instrumentality of Economic Law and the reconstruction of the Brazilian State

from neoliberal shocks to sovereign perspectives for the future

Abstract

The central point of this article is the potential instrumentality of economic law, critical in its origin, in the affirmation of a project to overcome Brazilian underdevelopment, in the context of neoliberal shocks promoted against the State, seeking to highlight its historicity and contributions to the theme. Our aim was to investigate under which conditions and aspects can economic law, as a legal discipline of the organization of the economic space of accumulation, contribute to the restoration of the Brazilian State in the current historical moment. Analyzing the constituent process from a materialist and dialectical perspective, the aim was to clarify the contradictions in this field in order to point out the necessity to face, without idealism, the technical issues involving the debate of national reconstruction. It was understood that the rescue of a critical perspective in economic law and its instrumentality as a discipline oriented to the transformation of the economic space can contribute in a relevant way to the reconstruction of the Brazilian State. In order to do so, the preponderant tasks of this field of study are demonstrated in the debate of national sovereignty and its democratic and popular expressions.