The present work is part of the research line Theory of Law, Ethics and Construction of Subjectivity and aims to reflect on a non-patriarchal approach to the construction of subjectivity from the work of the english psychoanalyst Donald W. Winnicott. For this, it is pointed out the patriarchal perspective of the constitution of the subject that would be present in the theoretical work of Freud, despite his non patriarchal discoveries in psychoanalytic clinical experience, and the matricial modifications that the winnicottian theory of primitive emotional development brought. The concept of patriarchy of Maturana and of Verden- Zoller is mobilized as a psychic space in which conflict, hierarchies, domination of nature and the regulation of the antisocial human are valued. In a different way, the matricial psychic space values harmony, empathy, collaboration and otherness, being found in the mother-child relationship. The proposed goal is developed from the difference in the individual/society relationship in the work of Freud and Winnicott, which is reflected in the different way in which they perceive ambivalence, aggressiveness, guilt, the formation of the superego, ethics and the relation of the subject to external objects. Finally, the winnicottian concept of democracy is proposed as a set of mature subjectivities as a way of bringing matrístico from the mother-child relationship into adult life and into broader ties (family, school and society).