The regime of exception in the Brazilian constitutional history

Authors

  • Arnaldo Sampaio de Moraes Godoy UNICEUB

DOI:

https://doi.org/10.4013/rechtd.2016.83.03

Abstract

The paper considers the Brazilian constitutional history as for the numerous efforts towards the accomplishment of a regulatory framework regarding the regime of exception. It reviews the various regulatory patterns of the regime of exception in the Brazilian constitutions as well as in many Brazilian statutes in general. The paper considers also an historical background in which it argues that many efforts towards the regulation may confirm that the regime of exception is more a political fact than a legal one. Thus, a regime of exception can be uncontrollable. The essay intends to experiment Giorgio Agamben and Carl Schmitt conceptual assumptions in the face of the Brazilian historical and constitutional reality.

Keywords: regime of exception, constitutional history, efforts towards a statutory framework, political fact, difficulties in capturing the regime of exception as a legal fact.

Author Biography

Arnaldo Sampaio de Moraes Godoy, UNICEUB

Livre-docente em Teoria Geral do Estado pela Faculdade de Direito da Universidade de SãoPaulo-USP. Doutor e Mestre em Filosofia do Direito e do Estado pela PontifíciaUniversidade Católica de São Paulo-PUC-SP.

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Published

2016-09-15

Issue

Vol. 8 No. 3 (2016): September/December

Section

Articles

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