Os erros que Unger não cometeu
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2011-09-01
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This article suggests that the almost complete indifference, in Brazilian legal thought, to Roberto Mangabeira Unger's legal thought results, at least partially, from the difficulty in tracing how he responds to the dominant forms of legal reasoning in Brazilian contemporary legal analysis. With the intention of intensifying the discussion of Unger's legal thought in Brazil, the article describes a set of analytical practices -- undoubtedly serious and relevant in Brazilian legal thought -- whose unity, once identified, we call 'interpretivist strategy', and to which Unger's approach is directly opposed e by comparison to which one can discern the direction and possible usefulness of his though to Brazilian law. In a nutshell, the critical and transformative stance that seems to underlie the interpretivist strategy (illustrated by the idea of an 'existencial minimum' to be secured by each individual) is challenged or mitigated as a result of the limitations, in terms of institutional assumptions (especially the restricted possibility of institutional innovations), that it explicitly or implicitly endorses.