SHOULD LAW BE EMANCIPATORY? FROM THE POLITICAL-IDEOLOGICAL REDUCTION OF THE LAW TO THE RECOVERY OF ITS MEANING/DEVERA O DIREITO SER EMANCIPATORIO? DA REDUCAO POLITICO-IDEOLOGICA DO JURIDICO A RECUPERACAO DO SEU SENTIDO

The article aims to answer the question of whether the law should be assumed emancipatory as proposed by critical theories. Our theoretical assumption is that this question deserves a negative response. To answer it, however, and using the method of literature review, we divide the article into three sections. In the first and second section, we map and characterize the critical theories in the general scientific thought and then their problematic projections in legal thinking. In the third section, we respond from jurisprudentialism the questions whether the emancipation is the founding referent of law, not the man-person, and also if it is a legal relevance problem that after all deserve an equally legal response. We concluded in the end that the Law should not replace the validity that it is for social emancipation.