Naturalization of inequality in Brazil

Abstract

The article establishes a dialogue between Carl Schmitt, Walter Benjamin and Giorgio Agamben’s theories, transposing them to the Brazilian social reality. The naturalization of inequality is a cruel mark of our society, and the philosophy of law contributes to a juridical approach that takes into account the social disparities. First, the state of exception will be analyzed in the light of Benjamin and Agamben’s works. Later, with Schmitt, the issue of exception will be analyzed together with the political decision, demonstrating the intrinsic connection between law and politics and the reflection of this in the worsening of social inequalities. It will be established the difference between the Schmitt’s concept of "Enemy" and the Agamben’s concept of homo sacer in the establishment of the state of exception and how the concept of "enemy" was distorted with the construction of Enemy Criminal Law’s Theory.