Abstract

The article seeks to demonstrate the permanence of the framework of economic exception on the periphery of capitalism, as well as the instrumentalization of State and Law to legitimize the expropriation of the “common”. It tries to understand, therefore, the actuality of concepts such as “primitive accumulation”, “formal subsumption” and “real subsumption” as appropriate analytical tools for criticizing the expropriation of social wealth, the deepening of the peripheral condition of countries like Brazil, and how the legal form and the political form are functional to this project of “plundering” that is located at the core of “neoliberal rationality” (Dardot, Laval). The discussions undertaken do not manifest automatic adherence to the authors used, but seek to build the argument presented from a critical dialogue with texts by Antonio Negri, Michael Hardt, Laura Nader, Ugo Mattei and, in Brazil, mainly, Leda Paulani, Paulo Arantes, Gilberto Bercovici and Francisco de Oliveira. The chosen method is dialectical materialism, which was applied to the bibliographic survey and to the tying of concepts directed to the critique of the contemporary economic exception. The usurpation of the commons is a global phenomenon, but one that evidently has a greater incidence outside the capitalist center. This justifies the focus given to Brazil as a locus for observing the phenomenon.

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