Abstract
This article aims at recovering the contribution of Marxist thought to the problematic of modern law, whose theoretical expression lies in the liberal perspective, and, consequently, to point out the limits of this perspective with regard to the advancement and affirmation of rights, such as the phenomenon contemporary of the judicializing. If liberalism treats law from a neutral point of view, and associates it with the concept of justice, marxism defines the right for state violence. We will see, therefore, that marxist analysis lies in a realistic field on the phenomenon of judicializing as opposed to the liberal normative perspective that positively understands law as a rational form opposed to violence.
Keywords:
Judicializing; Poulantzas; Pachukanis; Eldeman