O estado de exceção e as decisões do supremo tribunal federal nas questões morais: uma análise das teorias de Agamben e Dworkin

Abstract

This article is aimed at analyzing Agamben’s state of exception based on the democratic legitimacy of the rulings of the Supreme Court on moral issues, Dworkin’s hard cases. To do this, we will discuss the state of exception as a paradigm of the contemporaneous government, the difference between legality and legitimacy and the need for democratic legitimacy in the court decisions. The state of exception appears in several ways in the Brazilian democratic rule of law, especially with the natural and permanent misbalance between the powers.

Keywords State of exception – Moral issues – Giorgio Agamben – Ronald Dworkin.