Proposal for a Political Theory of Law: the relationship between law and power in its articulation with politics and violence

• Main Authors: Henrique Garbellini Carnio, Willis Santiago Guerra Filho, Joaquim Eduardo Pereira
• Format: Article
• Language: Spanish
• Published: Faculdade de Direito de Vitória 2017-06-01
• Series: Revista de Direitos e Garantias Fundamentais
• Subjects: Direito. Violência. Teoria política do direito.
• Online Access: http://sisbib.fdv.br/index.php/direitosegarantias/article/view/854

The present article treats about the relationship between law and power in its articulation with politics and violence. The work claims to demonstrate that this relation reveals a zone of indeterminacy between the intricacies of law and politics. With this, it intends to show the foundations for an introduction to a theory of politic-law, which are the basis of a theory that aims to contribute in an emphatic and in critical way in the discussion of the current legal problems, in particular, the characteristics situations that show a use of law as manipulative governance force that causes disorientation of life itself and reveals a dimension in which the law and institutions who use it turn against themselves, thus generating a profound trivialization of the concepts of legality and legitimacy in a context of self-immunity crisis.