A teoria feminista do estado de Catharine Mackinnon: um retorno às categorias de base para uma análise crítica do direito

Abstract

This dissertation is developed around Catharine Mackinnon's Feminist Theory of the State and its method: the consciousness raising. First, a return to C. Mackinnon's radical feminism is carried out based on her basic texts, mainly the “Towards a Feminist Theory of the State” (1989), describing the complexity of the categories sexuality, sex, woman, consent, feminism and located theory. Second, her analysis of State and Law and her subsequent work proposal for a transformative Law through feminism is explored. This entire path critically takes as its core the consciousness raising, which C. Mackinnon signs as a method. Her theory is expressly structured in some of the main categories of the first volume of The Capital, writed by Karl Marx: commodity, class, labor. C. Mackinnon argues that a robust feminism can only be developed if the marxian theory of value is taken as the basic framework. Through a comparative path, then, the third step of this dissertation takes them back from K. Marx himself. More than a critique of class domination, K. Marx unveils the anonymous domination of capital. This is the premise that this dissertation uses as a lens to analyze the complexities and insufficiencies of C. Mackinnon's Feminist Theory and critically understand what is crucial for a radically transformative feminism proposal.