https://www.revistas.unam.mx/index.php/rcj/issue/feed 2016-09-20T15:56:32-05:00 Oscar Correa crijurd@yahoo.com.mx Open Journal Systems <p align="justify">Crítica Jurídica is an academic journal that handles with theoretical and philosophical analyses of Law, as well as with papers with subjects from the range of Political philosophy, all of this from a critical theory perspective. As a Latin-American Journal, Crítica Jurídica is committed with publishing papers that offer not only a critical Latin-american perspective of law, but also, and for the most part, new local and regional perspective that enable a new, more including and egalitarian Law, one that adjusts to the social practices and historical conditions of our region. Nevertheless, our Journal also provides a space to those accounts of Law produced from all other regions of the world.</p> https://www.revistas.unam.mx/index.php/rcj/article/view/40792 2016-09-20T15:56:32-05:00 Oscar Correas crijurid@gmail.com 2013-08-01T00:00:00-05:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40816 2016-09-20T15:56:32-05:00 Crítica Jurídica cri_jur@yahoo.com.mx

Editorial norms for the submission of essays to the Journal

2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40815 2016-09-20T15:56:32-05:00 Daniel Sandoval Cervantes dscervantes@hotmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40813 2016-09-20T15:56:32-05:00 Aníbal D'Auria anibaldauria@gmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40814 2016-09-20T15:56:32-05:00 Antoine Jeammaud Antoine.Jeammaud@univ-lyon2.fr 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40812 2016-09-20T15:56:32-05:00 Aurora Molina Sánchez auroramolina85@hotmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40808 2016-09-20T15:56:32-05:00 Oscar Correas cri_jur@yahoo.com.mx Cynthia Salazar cynthionasalazar@gmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40809 2016-09-20T15:56:32-05:00 Amarildo Figueroa Valencia crijurid@gmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40810 2016-09-20T15:56:32-05:00 Cynthia Salazar cynthionasalazar@gmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40811 2016-09-20T15:56:32-05:00 Aurora Molina Sánchez auroramolina85@hotmail.com 2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40795 2016-09-20T15:56:32-05:00 Antonio Carlos Wolkmer wolkmer@yahoo.com.br Marina Corrêa de Almeida marinacalmeida@hotmail.com

The present essay puts analyses the manner and the extent in which the Bolivian Constitution of 2009 points towards transformations of constitutionalism in Latin-America, capable of its de-colonization. On the basis of this perspective and taking as critical reference the concept of legal communitarian and participative pluralism, this paper analyses the normative elements of the constitutional text in order of evaluating, critically, the emancipating possibilities for Latin-American Law

2013-08-01T00:00:00-05:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40797 2016-09-20T15:56:32-05:00 María Emilia Barreyro emilia_barreyro@hotmail.com

My intention in this paper is to dismantle the common reading of William Godwin´s Political Theory which says that he belongs to the Anglo-Saxon Utilitarian Tradition. In the first place, and for that purpose, it´s showed how The Principle of Utility (as it was conceived by Jeremy Bentham) is strongly tied to The Authority Principle. Then, it´s exposed why both principles are irreconcilable with idea of Individual Autonomy understood radically, as Godwin did. Lastly, it´s pointed out how those principles are incompatible with the Non-Instrumental Rationality assumed in the Godwin´s Political Theory. In consequence, it would be more adequate to locate Godwin in the revolutionary and rousseaunian Political Thought Tradition

2013-08-01T00:00:00-05:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40798 2016-09-20T15:56:32-05:00 Yoel Carrillo García yoeldavid67@gmail.com

What is a legislative policy? What is a policy of Law? How to use these concepts for the analysis of a specific sector of the legal system? In this paper the author puts forward an answer to these questions and relates them to the study of the Penal Law valid in Cuba, with the objective of identifying the main elements that, from the theoretical, methodological and of the legislative technique point of view should be considered in a future reform of this sector of the legal system. This work ends with a proposal of re-codification as an alternative to eliminate many uncertainties that surround the legislative policy in penal matter.

2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40799 2016-09-20T15:56:32-05:00 Mauro Cristeche maurocristeche@yahoo.com.mx

The purpose of this paper is to contribute to the discussion on the notion of ideology in Marx’s work, and it attempts to follow the development carried out by the author in order to unravel its significance. The following texts are used as reference material: The German ideology, written with Engels, and Capital, the first chapters in particular.Two focuses of analysis are proposed. On the one hand, starting from the assumption that Capital is the work with which Marx achieves the highest level of scientific development around the concept of ideology as the individual’s mode of consciousness, ideology is presented as the estrangement of consciousness within capital as the general social relation within the capitalist mode of production; and consequently, the working class, as holder of the need to supersede capitalism, does not need to develop its own class ideology but move forward critically over its estrangement. On the other hand, the legal system constitutes the set of legal forms in which the capitalist social relation is expressed, and has an ideological function; for a criticism of the “roots” of such social relation, it will not be worth formulating a critical theory of law but a critique of law instead.

2013-08-01T00:00:00-05:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40800 2016-09-20T15:56:32-05:00 Éder Ferreira drederferreira@hotmail.com

This paper is centered in the sociological theory of labor law and legal sociology of workers’ fundamental rights, according to the methodology of critical legal theory of Oscar Correas. The task of sociological theory of labor law is a description of deontic modalities and the behaviors needed for commercial exchange and the use of the labor force. On the other hand, the task of legal sociology of labor law is to verify the compatibility between the deontic modalizators of behavior necessary for the purchase and sale and the use of labor force and constitutional law deontic modalizators in the Brazilian constitutional labor rights (the basic rights of workers in CRFB/1988).

2013-08-01T00:00:00-05:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40803 2016-09-20T15:56:32-05:00 Jorge Foa Torres jorgefoatorres@gmail.com

:This paper seeks to explain a new way of carrying out the critique of the juridical ideology, inspired in the Lacanian teaching. After noticing the importance of the study of the Law as a form, the avoidance of the fascination for its hidden content s promoted, driving the legal analysis to look the juridical form as such. In this context, warning is made in relation to the constitutively divided character of Law, this means the presence of a negativity inherent to its structure that, nevertheless, enables the approach of The Political in the juridical. It also proposes a symptomatic approach to the juridical form capable of taking account of the signs of the irruptions of The Real of the antagonism in the juridical form. Finally, it points out the Lacanian notion of fantasma as a key concept in order to understand the juridical-ideological operations by means of which the individuals are affectively subjected in the repetition of de dominant order of things.

2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40804 2016-09-20T15:56:32-05:00 Jackson da Silva Leal jacksongleoneljr@gmail.com Lucas Machado Fagundes lucas-sul@hotmail.com

It is a study that seeks to identify in the context of legal pluralism and the Latin American geopolitical space manifestations of an emancipatory legality, produced outside the monistic conception of traditional law by historically subject (so) denied in its popular culture. The analysis starts from the investigation on the expression of community justice in the context of the Andean countries and an alternative justice in the Brazilian territory, in its various forms and mechanisms, due to the inclusion of a theory of sociology and sociology of absences and emergencies legal paradigm for the global South from the ideas of Boaventura de Sousa Santos. This task meets other forms of justice to say, different from the liberal legal tradition of production in the right atomized individuals, turning their eyes to the realities of Latin American periphery, where there is insertion of a new legal rationale germinated with emancipatory thrust of otherness. Methodology contained in the literature review, desk research and an indirect method and sociological comparison of procedural experience different realities expressed in the Latin American continent is using as a theoretical framework of legal pluralism and participatory community type proposed by Antonio Carlos Wolkmer. It also demonstrates how the results of different manifestations of justice produced or alternatives for integration, identity and social belonging of the subjects involved, may have a bias to the right critical Europeanized legal epistemology, fragmented, exclusionary and hegemonic / colonization

2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40805 2016-09-20T15:56:32-05:00 José Orler joseorler@hotmail.com

Our work is fired in a bizarre confluence Borges and provocative essayist with a provocative and essayist Foucault to refer to a concept of Judicial Process as a story, so that brings the construction instituting legal discourse in our capitalist societies messy —in category Offe (1990, 2009)— with the explicit aim of the undersigned to test some critical line to that object of study called law.Judicial Process as discursive confrontations that accumulate and overlap of building a warp intricate and dense narratives, not always relevant and largely superfluous, passing through the lanes of “verisimilitude” almost like a mockery of the “principle of truth” that the system assumes justice.Judicial process as “secret speech” as speech order. Speaking of power, discourse of “as if.” O “define a crime like a butterfly and vice versa”.

2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40806 2016-09-20T15:56:32-05:00 Júlio da Silveira Moreira julio.s.moreira@gmail.com

This paper proposes an theoretical and methodological approach on Sociology of Law, which is constructed parting from the definition of this discipline and the contribution of Eugen Ehrlich, analyzing these on the light of the dialectical materialist method constructed by Evgeni Pachukanis. The introductory context of the article takes account of the explanation, by Alysson Mascaro, of the three paths of contemporary legal thought. Ehrlich’s conception opposes to the most traditional normativism, settled by Hans Kelsen, after this, it advances on finding the social institutions of Law and not the formalism of norms. Pachukanis points towards Law as a specific phenomenon of capitalist societies, that introduces the notions of equality and liberty in the abstract legal plane in order to sustain the necessary relations for the production and circulation of merchandise, arriving at the concepts of legal subject and of legal relation. The paper’s structure is based, in this manner, in Ehrlich’s critique to Kelsen and Pachukanis’ critique on both Kelsen and Ehrlich, concluding in a relevant contribution through which the legal sociologist can capture the reality behind of legal relation’s abstraction

2013-01-01T00:00:00-06:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40807 2016-09-20T15:56:32-05:00 Francisco Vertiz francisco.vertiz@yahoo.com.ar

This article addresses the issue of “cause lawyers” in order to know and understand what the main aspects that characterize their professional practices are, and identify the main obstacles to the development of their interventions. We propose a methodological strategy, framed in the qualitative approach, that combines the empirical and the theoretical analysis, in order to transcend the mere description of the activities of these actors and to provide an explanation of their professional practices.

2013-01-01T00:00:00-06:00 Copyright (c) 0 https://www.revistas.unam.mx/index.php/rcj/article/view/40794 2016-09-20T15:56:32-05:00 Crítica Jurídica crijurid@gmail.com 2013-08-01T00:00:00-05:00 Copyright (c) https://www.revistas.unam.mx/index.php/rcj/article/view/40791 2016-09-20T15:56:32-05:00 Crítica Jurídica crijurid@gmail.com 2013-08-01T00:00:00-05:00 Copyright (c)