A dimensão simbólica do Direito Financeiro

Bibliographic Data

ID5809606
AuthorsStanley Botti Fernandes (corresponding author)
Year2023
Publication date2023-12-12
Peer ReviewedYes
Open AccessYes
TypeTHESIS
PublisherUniversidade de São Paulo. Agência de Bibliotecas e Coleções Digitais (PUBLISHER)
DOI10.11606/t.2.2023.tde-01032024-121407
OpenAlexW4406321456
LanguagePT
References cited39

This thesis investigates the symbolic dimension of Public Finance Law.The thesis postulates the idea that this branch of the legal system is not only a relation of material force, but that it is also endowed with a constitutive symbolic dimension, according to which its different instruments, distributive mechanisms and processes constitute not only forms of financing actions, goods and public services, but also of construction of meanings and subjectivities.From an approach that privileges meaning as a constitutive dimension of social life, the research sought to demonstrate how Public Finance Law is inserted in the sphere of meaning, how it is constituted as a symbolic system and what the political implications of it.The first part of the thesis develops the argument that the human being is an instituting being of senses, which its interaction with the world is always symbolically mediated and that symbolic systems not only reflect a ready and finished reality, but also constitute it significantly from the construction of classification schemes.Then, the thesis explores the idea that there are no pure relations of force, but that they are always crossed by relations of knowledge, communication and sense and that the classification schemes and the principles of vision and division that we use to give intelligibility to the world are socially acquired from the permanent confrontations with the objective structures of the social world.Based on these theoretical assumptions, it was possible to construct the argument that the distributive processes implemented by the different institutes of Public Finance Law, such as revenues, expenses, the public budget etc. also perform significant functions, symbolic-constitutive, which compete, along with other symbolic systems, for the creation of a gnosiological order.Through the distributive asymmetries, it produces and the differential treatment it gives to social groups, Public Finance Law imposes much more than a way of sharing the social product, but also a set of principles of vision and division.The distributive action operated by it would have a double effect: to structure objectively the distribution of financial resources in a social order, but also to impose the frameworks of perception, memory and understanding and the cultural landscapes of positioning.In this way, in determining, on a regular and systematic basis, winners and losers in distributive conflict, in defining legitimate inclusions and exclusions, in consecrating preexisting social divisions and hierarchies, Public Finance Law establishes a hierarchical discursive domain and imposes a representation of normality on all agents.This form of construction of meaning would be a form of power, to the extent that it promotes logical integration into a contingent and arbitrary social order and, therefore, the study of the symbolic dimension of Public Finance Law would offer a tool by which one can critically analyze this branch of the legal system

Brazilian Legal Issues · Law, Economics, and Judicial Systems · Legal principles and applications · Mathematics

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