Poderá o Direito ser inclusivo? O sujeito de Direito e a produção jurídica de sujeitos marginais

Abstract

The article proposes a critical analysis of the category subject of law, of the meanings, assumptions and uses given to it by the hegemonic legal theories and practices. It investigates the contradictions, limits and role of these theories and practices in producing legal incapacities and marginalization. Attention is drawn to the close relationship between legal capacities and economic, social, and political capacities, demonstrating how poverty, economic inequality, gender, race, and sexuality are historical and present conditions of legal incapacity. The analysis uses multiple critical traditions, from Marxism to queer studies, from feminisms to racial studies, bringing together different perspectives to reflect on the role of Law in the production and removal of capacities, in the inclusion and marginalization of concrete subjects.