THE RELATIONSHIP BETWEEN LAW AND INVISIBLE VIOLENCE

considerations on policy violence in the contemporary policy debate

Abstract

This essay refers to part of a research carried out under the Scientific Initiation Program on Philosophy with the central theme Violence under the veil of justice: on the relationship between law and invisible violence, in which we sought to investigate moments when the phenomenon of political violence relates to democracy and the state of law. Starting from the historical reconstruction of the uses of post-war political violence presented by Hannah Arendt in The origins of totalitarianism, it was possible to explain the forms of violence made invisible in the relationship between the law and rights. Thus, this is a theoretical study produced through bibliographical research on the historical perspective of the political and legal consequence of social conflicts, such as wars and government repressions, taking up the impact of the decline of the nation-state, the end of the rights of man and totalitarianism. Exclusion, social inequality and sociopolitical disruption showed to have all resulted from these conflicts, which allowed us to make some notes on the recent history of the use of political violence as a key to addressing the application of law in the democratic state of law and the limits posed by the sociopolitical dimension of contemporary democracies.