The paradox of sovereignty in the Supreme Federal Court
presumption of innocence, democracy and exception
DOI:
https://doi.org/10.24302/prof.v6i0.1908Abstract
This paper investigates the actions of the Federal Supreme Court in the judgment of the precautionary measures of Constitutional Declaratory Actions nº 43 and 44 in light of the paradox of sovereignty, introduced by Carl Schmitt and revisited by Giorgio Agamben in the series Homo Sacer. Based on a material approach to the judgments in question and using a bibliographical review and hypothetical deduction, it is sought to analyze the aforementioned judgment, which excluded the applicability of the presumption of innocence principle of the Brazilian legal system. The argumentative mesh assumes the hypothesis that the performance of the STF establishes an environment of constitutional indetermination through the arbitrary suspension of the validity of the normative text.
Keywords: Democracy. Presumption of innocence. Constitutional interpretation. Paradox of sovereignty. State of exception.