Direito e reine Gewalt no limiar do pensamento: com a tradição dxs oprimidxs por um real estado de exceção

Abstract

There is an insuperable correspondence between law and violence that best identified with the exercise of the most genuine prerogative of the sovereign power, the state of emergency declaration. This correspondence between law and violence is analyzed by Walter Benjamin in a famous essay 1920/1921, entitled For a critique of violence, which he said, without giving much explanation, the existence of another violence, one that would not be carrying a linked to the right, but that would be able to depose him. He calls the pure violence (reine Gewalt). This pure violence carry the potential to establish the real state of exception, structure, present in the writings of Walter Benjamin would be able to end the state of emergency made rule. This Benjaminiana perspective, this thesis seeks to analyze, finds support in the tradition of the oppressed and seeks to cause a break in the continuum of history and linear time, and the end of the mythical law.