Dom, capital social e bens relacionais:

This article proposes an approach to Family Law grounded in critical realistic relational epistemology, contrasting it with predominant individualistic and constructivist perspectives. It argues that the family is a relationship with its own identity, defined by the gift paradigm and functioning as a “total social fact” that the State does not create, but can influence either positively or negatively. Utilizing Pierpaolo Donati’s “epistemological quadrilateral”, the text critiques the insufficiency of Miguel Reale’s three-dimensional theory for the observation of the dimension of deep social ontology. It demonstrates that the legal perspective’s failure to attend to relational nature can produce harmful emergent effects, such as the erosion of social capital and the dehumanization of relationships. The use of the AGIL scheme is proposed to enable the legal scholar to develop a second-level reflexivity regarding family relations. The central goal is to recognize the specificity of the family’s “social genome”, distinguishing it from purely economic or political relations. It posits that the relationship is ontologically more fundamental than any oppression that may emerge from it, a reality that a legal perspective respecting the latent dignity of the real must acknowledge. In this way, Law can act as a promoter of relational goods rather than serving merely as a tool of immunitary intervention.

Authors

Publication Details

Journal
Revista da Escola Superior do Ministério Público da União
Published
2026-11-06
DOI
https://doi.org/10.63601/resmpu.2026.v4.n1.e-41003
Primary Topic
Critical Realism in Sociology
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
article

Dom, capital social e bens relacionais:

Paulo Vasconcelos Jacobina
Revista da Escola Superior do Ministério Público da União
Critical Realism in Sociology
article

Dom, capital social e bens relacionais:

Paulo Vasconcelos Jacobina
article en

Abstract

This article proposes an approach to Family Law grounded in critical realistic relational epistemology, contrasting it with predominant individualistic and constructivist perspectives. It argues that the family is a relationship with its own identity, defined by the gift paradigm and functioning as a “total social fact” that the State does not create, but can influence either positively or negatively. Utilizing Pierpaolo Donati’s “epistemological quadrilateral”, the text critiques the insufficiency of Miguel Reale’s three-dimensional theory for the observation of the dimension of deep social ontology. It demonstrates that the legal perspective’s failure to attend to relational nature can produce harmful emergent effects, such as the erosion of social capital and the dehumanization of relationships. The use of the AGIL scheme is proposed to enable the legal scholar to develop a second-level reflexivity regarding family relations. The central goal is to recognize the specificity of the family’s “social genome”, distinguishing it from purely economic or political relations. It posits that the relationship is ontologically more fundamental than any oppression that may emerge from it, a reality that a legal perspective respecting the latent dignity of the real must acknowledge. In this way, Law can act as a promoter of relational goods rather than serving merely as a tool of immunitary intervention.

Revista da Escola Superior do Ministério Público da UniãoVol. 4(1)
Fundação Oswaldo Cruz
Peace, justice, and strong institutions
Openalex Percentile: Top 9%
Critical Realism in Sociology
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon