Elementos do poder nos Estados: do aparecimento do poder na sujeito à sua realização no Estado

Abstract

The present thesis is an in-depth study of the theory of Power. In this study, we seek to explore the origin of Power as a human phenomenon, its form, and its purpose, while observing its historical emergence in individuals. In a second stage, we examine Power as divided into internal Power, the rational capacity of the individual, and external Power, the capacity to act and transform. In a third stage, through the transcendence of the individual within the collective, we observe Power no longer limited by individuality but within the realm of collectivity, mediated by the State. This mediation takes three forms: in the Eastern State as a State of Mutual Obligation, in the Individualistic State as a negation of collectivity, and in the European State as a Democratic Constitutional State. By examining the European State as the realization of fundamental rights, we can perceive Power as a relationship of freedom that is mediated by collectivity. Power enables the existence of legitimacy within the representation of the State and, consequently, legality, forming the normative system, and ultimately, at its highest point, positivized rights in constitutional form, allowing individuals to attain Freedom through the Democratic Constitutional State.