Sergio Amadeu da Silveira - Cidadania e Redes Digitais

eng
c i t i z e n s h i p a n d d i g i t a l n e t w o r k s
ics. The separation is only possible in the forms of a tax-evasion strategy and an
illegitimate fiction. This occurs because the sovereign mechanism implies that the
fictitious, immortal body of the company as a thing (in quantum rex) is separated
from the natural, mortal body of the worker as a man (in quantum homo).
The legal entity — the company, the State — on the one hand is opposed to the
individual (the worker, the subject, the citizen) and, on the other hand, affirms the
perennial of the public matters (res publica: the Treasury). The public matter which
coincides with the immortal figure of sovereignty is precisely the public fund (the
Treasury) and, in turn, the people it governs: the people and the Treasury never die!
The status of the legal entity (a thing) is directly linked to the Treasury (the
State’s patrimony), and that is something that does not belong to anybody (res nullius).
We have here the two elements of the informality situation shammed by forged
invoices or by the precarious status of the self-employed workers: firstly, the living
work does not allow any partition on its vital praxis — which is affective, linguistic,
and communicational —, with respect to the instrumental action that is objectified
in the image of manual labor subordinated to the system of machines; secondly, the
ownership of the resources mobilized and produced by this work does not fit the
“public vs. private” traditional divide.
As the movement for copyleft and free software indicates, the scope of action
for contemporary work, as well as for cultural production, is not anymore defined
as res nullius, but as something that belongs to all: commons! The horizon of Human
Rights is precisely that of the construction of the right to something that belongs to
everyone because it belongs to everyone: the rights of the commons.
Bibliographic references
DELEUZE, Gilles. GUATTARI, Felix. Qu’est-ce que la Philosphie?. Paris: Les
Éditions de Minuit, 1991.
KANTOROWICZ, E. The Sovereignty of the Artist. A Note on Legal Maxims
and Renaissance Theoris of Art (1961). tradução francesa, in KANTORO-
WICZ, Ernst . Mourir pconfecomour la patrie et autres textes, 2004, Fayard,
Paris, p.51.
LEVI, Primo. É Isto um Homem?. Rio de Janeiro: Rocco, 1988.
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