Direito, Teoria Crítica e Não Violência:

Incompatibilidades ou Possibilidades de Existência em Conflitos Sociais

Abstract

The general objective of this work is the study of critical theory and how a non-violent conception of law could be constructed. As a specific objective we intend to present how social conflicts require a non-violent conception of law (José Rodrigo Rodriguez). From the propositions of Critical Theory, we seek to present how the monopoly of force and violence by law and the State removes from legal normativity the dialogical plausibility of attention and sensitivity to social conflicts, thus enabling constructive processes of alternatives and diverse hypotheses, removing the arbitrariness of unilateral state choices of solution. A non-violent applicability of the law would thus have the possibility of better attending to social conflicts and the prevalence of human rights.