Fenomenologia do Poder: o Estado de Direito e seu compromisso com o Poder como Liberdade

Abstract

Since the 20th Century ethical deluge, Western thought has been tainted by notoriously negative perspectives on the phenomenon of Power. However, Hegel had already noticed, in the 19th Century, the importance of Power in guaranteeing the very existence of Freedom, structuring human life deriving from a People's Spirit's consciousness, which is organized as the Culture, the Nation, and the State. This work derives from Joaquim Carlos Salgado's definition on Power according to whom Power is a "will which determines another will", to discuss distinct aspects of the phenomenon. First, we develop Salgado's perspective to define Power as the manifestation of an Objective Will which defines the spectrum of possible choices possible to the subjective arbitrium. Then, we seek to perceive and discuss the two main philosophical-historical streams which develop the subject of Will and Power, to understand how the hegelian perspective, even when integrated by (historically but not logically) latter thinkers, constitutes the most instigating comprehension on this phenomenon. And last, we try to discuss the developments of the 20th Century, from the ascension of the masses to the abandonment of Power by the elites, to notice how the political determination of the Will of Power was slowly emptied, in the process we here call de-voluntariation of Power. With that, we hope to demonstrate and vocalize the need for a new moment of the Rechtsstaat, in which Power can not only regain its vigor, but most importantly, its commitment with Freedom.