Da Força da lei para lei da força

Luciano Braz Silva

doi:10.23925/ddem.v.1.n.16.74826

Authors

Luciano Braz Silva FDUSP - SCHOOL OF LAW OF THE UNIVERSITY OF SÃO PAULO - LARGO SÃO FRANCISCO https://orcid.org/0000-0002-0318-5499

DOI:

https://doi.org/10.23925/ddem.v.1.n.16.74826

Keywords:

Law, Violence, Force, Barbarism

Abstract

The reflections in this article lie at the threshold between Law and justice, more specifically within the context of the relationship where violence is encamped. Are intimidation and the notion of destiny inherent in the use of force, among the forms of violence that permeate and shape Law? For a critique of International Law, are the United States' interventions in Ukraine and the Middle East evidence that the traces of violence should be analyzed and judged not only by their effects or ends, but, above all, according to the laws of their means? What would Benjamin and Freud tell us about these questions? This is precisely what this article proposes to discuss.

Author Biography

Luciano Braz Silva, FDUSP - SCHOOL OF LAW OF THE UNIVERSITY OF SÃO PAULO - LARGO SÃO FRANCISCO

Lawyer and researcher affiliated with the National Council for Scientific and Technological Development (CNPq), in the Junior Post-Doctoral (PDJ) modality. He completed his Post-Doctorate in Law at the Faculty of Law of the University of São Paulo (USP) Largo de São Francisco, under the supervision of Prof. Dr. Ari Marcelo Solon, from 2021 to 2024. He is currently developing new research in the area of critical sociology of law in the Postgraduate Program of the Faculty of Law of the University of São Paulo, within the Department of Philosophy of Law and Theory of the State, which will be presented as a defense of his Habilitation Thesis, under the supervision of Prof. Dr. José Eduardo Campos de Oliveira Faria. He holds a PhD in Law from the Pontifical Catholic University of São Paulo (PUC/SP), a title obtained in 2021, with a grant from CNPq and under the guidance of Professor Dr. Tércio Sampaio Ferraz Júnior. He has been a registered researcher with the National Council for Research and Graduate Studies in Law (CONPEDI) since 2009, maintaining active participation in national research networks and academic groups. He obtained a Master's degree in Philosophy of Law in 2012, under the guidance of Professor Oswaldo Giacoia Júnior, from the Eurípides de Marília University Center (UNIVEM), the institution where he also completed his undergraduate degree in Law in 2010. Furthermore, he holds a Bachelor's degree in Theology from the Baptist Institute of Higher Education (IBES), a title conferred in 2004. His academic career initially solidified from the year 2000 onwards, with investigations focused on the fields of Theology, Philosophy, Political Science, and Ethics. From 2005 onwards, his research has focused on the Philosophy of Law, especially through dialogue with the classical Greco-Roman tradition, with modern philosophy, notably Kant and Hegel, as well as with the contributions of contemporary critical theory, particularly through Jürgen Habermas. Since 2010, his scientific production has centered on the analysis of forms of violence, the processes of objectification and reification of human life, and the power structures that sustain such dynamics within the legal and social fields. Throughout this process, his investigations systematically engage with the thoughts of Hannah Arendt, Michel Foucault, Giorgio Agamben, Byung-Chul Han, Carl Schmitt, Jacques Derrida, and Oswaldo Giacoia Júnior, further incorporating contributions from Pierre Bourdieu's Critical Sociology, the reflections of Richard Posner's legal pragmatism, and Richard Rorty's neopragmatism, especially concerning the relationships between law, power, language, economics, and structures of domination. His research, therefore, develops at the confluence of Law, Philosophy, Sociology, and Political Economy, with a critical analysis of contemporary legal-political devices as its transversal axis. Currently, he maintains an academic affiliation with the Faculty of Law of the University of São Paulo (USP), where he is developing research entitled "Geography and Geopolitics of Violence: Law, Biopower, and Biopolitics," which forms the basis of his thesis for obtaining the title of Associate Professor. This research seeks to understand the contemporary dynamics of violence production, its legal and political bases, and the biopolitical management mechanisms that operate on bodies, territories, and social spaces.

References

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