Abuse of Power and the State of Exception

• DOI: https://doi.org/10.22533/at.ed.1594832406099

• Palavras-chave: Abuse of power, State of exception, Giorgio Agamben, Judiciary, Homo sacer

• Keywords: Abuse of power, State of exception, Giorgio Agamben, Judiciary, Homo sacer

• Abstract:

  This article explores the issue of abuse of power in the judiciary, using Giorgio Agamben's concept of the state of exception as a theoretical reference. The aim is to analyze how judicial power can be exercised in an arbitrary manner, subverting the original intention of the laws and compromising justice. The methodology employed includes a bibliographical review of Agamben's work, accompanied by historical and contemporary case studies that illustrate the abusive use of the state of exception and field research into people's perceptions of the judiciary. Specific examples include arbitrary judicial decisions and undue interventions in public policy. The results show that such abuses of power not only undermine public confidence in the judicial system, but also exacerbate inequalities and perpetuate injustices, leading to a delegitimization of the rule of law. It is concluded that it is imperative to implement structural reforms and strengthen control and transparency mechanisms to prevent the abuse of judicial power, ensuring that the judicial system functions in a fair and equitable manner.