Evicted

a debate on Subject of Law based on the case of the occupation Mulheres Guerreiras in João Pessoa

Abstract

https://doi.org/10.1590/2179-8966/2024/87740

I present a discussion of the category “Subject of Law” based on a case study, the eviction of the occupation Mulheres Guerreiras, in the city of João Pessoa/PB. The residents of this occupation were evicted in 2018 due to an injunction court decision, after an intense process of resistance against the justice bodies and local security forces. Here I want to analyze certain aspects of this dispute that concern the notion of subject of law, highlighting the traditional way in which this notion is theorized through the lens of legal dogmatics, on the one hand, and, on the other, bringing analytical contributions from legal criticism, in particular dialogue with Pashukanis' contributions on this topic. Methodological options move in the field of case study due to the effort to problematize reality by giving it analytical priority.