Would there be marxist human rights?

Abstract

The relationship between human rights and Marxism is controversial since Marx was not concerned with theorizing the legal phenomenon or the philosophy of law. Therefore, in Marxist theory, the eradication of human rights in the ideal communist society is defended against the taking of human rights as a space of political struggle against hegemonic power. From these questions comes the research problem: to what extent is it possible to validly relate human rights and Marxism? The hypothesis is that legal pluralism, as a current that denies the monopoly of law by the State and recognizes the coexistence between an oppressive official law and an unofficial law of the oppressed, is aligned with Marxist premises. With the use of bibliographic and descriptive research, using the deductive method, this work initially describes the bases of Marxist thought applied to law and, in a second moment, analyzes to what extent Marxist thought is related to the pluralism aspect. legal. The result achieved is that, for the emancipatory struggles of the oppressed to have space, an alternative normativity of human rights is effectively necessary, based on forms of informal and unofficial law, guided by concrete political actions of social transformation.

DOI: https://doi.org/10.56238/methofocusinterv1-092