Poder soberano e estado de exceção em Giorgio Agamben: a vontade soberana como fundamento do controle de constitucionalidade brasileiro

Abstract

The present dissertation deals with the paradoxes faced by Giorgio Agamben in his archaeological analysis on the assumptions behind the tensions between the Sovereign Power and the State of Exception. The present research visits with Agamben the contradictions experienced in Greek democracy, especially those caused by a democracy that knew no limitation nor subjectivity. On the other hand, the analysis of the categories that had in community life the centrality of life in the polis, through which zoé, life without quality, opened to the construction of participatory citizenship of bios. Central, also in the present research, is the analysis of the causes of the ethical inversion caused by the life defined by the rule followed by the religious orders of the beginning of the middle age, which caused the substitution of an ethics of the end, that had the metaphysics like theory, to An ethic of duty, which goes on to subsidize the rise of nominalism. On the other hand, it is analyzed the substitution of the model of the policy, in which the individual realized its self-construction, by the economy like management of the life through the fulfillment of the duty. Having unveiled the categories that allowed the emergence of modernity, we seek to clarify the paradoxes between the Sovereign Power and the State of Exception, through the new category of the field as a place where the order is suspended, including the exclusion of the individual who maintains the mere Existence of bare life. In the end, we seek to analyze the paradoxes of the Brazilian judicial action as the new mechanism for effecting the state of permanent exception, insofar as the double judicial capacity of control of constitutionality imposes a tutela not only on the State, but above all, On Popular Sovereignty.