Abstract:
This article is part of a doctoral thesis whose aim is to present the fundamental premises needed to study the situation of children and adolescents in Brazilian capitalism. We reflect that today's capitalist accumulation has new aspects, including the updating of legal instruments. We discuss how the study of the Marxist critique of law, whose main author is Evgeni Pachukanis, can help us understand the extent to which the legal "conquests" for children, such as the Statute of the Child and Adolescent (ECA), and their status as subjects of law, have helped to protect or reinforce and update new forms of capitalist accumulation. We conclude that the ECA corresponds to the maximum stage of completeness of the law as part of the very advance of the productive forces of modernization and industrialization in the country, corresponding to the new capitalist phase. This is childhood integrated into capital at its maximum stage.
Keywords:
Marxist critique of law; children and adolescents; subject of law; capitalism