A vida desprovida de valor e o poder soberano: interlocuções entre as análises do estado de exceção de Giorgio Agamben e o direito penal do inimigo de Günther Jakobs

Abstract

The present thesis intends to be a critical contribution to the theory of sovereignty, and its central proposal is to identify the tense convergences between the thought of Giorgio Agamben and Günther Jakobs about the abandoned life, as in order to shed a critical light on the sovereign power that continues to produce worthless lives abandoned by law. Although these thinkers have divergent references, and can articulate their thoughts in different interests, they share significant understandings about one point in common: the strategies used by law to control lives considered dangerous. Both philosophers analyze a possible relationship of administration and control of life before its relationship with sovereign power, enabling the power of choice over the life of some individual can be made available to the sovereign. As a conclusion, the thesis rests on the argument that the course of the narratives of the thoughts of the two contemporary philosophers, Giorgio Agamben and Günther Jakobs, is pervaded by the understanding that the logic of modern sovereign power increasingly focuses on human life, life is exposed to the violence of this sovereign power, suffering from a process of subjectivation. The state of exception is, for Giorgio Agamben, the legal political device through which sovereign power produces naked life as abandoned life. While Günther Jakobs proposes the figure of the enemy as a cataloging of dangerous life, giving the sovereign power the ability to strip this life of full citizenship relegating it to the condition of abandoned life. Both positions converge on the point that virtually everyone has the possibility of having a life devoid of value by a sovereign decision. However, Giorgio Agamben presents a critical analysis of the sovereign power exception, while Günther Jakobs defends the legitimacy of this power to produce in the enemies a life stripped of full citizenship and abandoned by the law. Every effort in the elaboration of this thesis was shaped by the grounded theory, through the bibliographic and documentary method. This thesis aims to broaden the critical understanding of modern sovereign power that persists, in multifaceted ways, in the production of abandoned lives as something legitimate.