Banca de DEFESA: Melissa Andrea Lins Peliz

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Melissa Andrea Lins Peliz
DATE: 27/05/2025
TIME: 10:30
LOCAL: AUDITÓRIO MIROSLAV - A CONFIRMAR
TITLE:

 Symbolic jurisprudence: the State of Unconstitutional Affairs in Relation to the Brazilian Prison System

KEY WORDS:

1. Power 2. Rationality 3. Law 4. Governmentality 5. Biopolitics.

PAGES: 239
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study aims to analyze the declaration of the State of Unconstitutional Affairs (ECI) by the Brazilian Supreme Federal Court x 2 (STF) as a jurisprudential production intended to realize the principle of human dignity, yet it proves ineffective in addressing the chronic issue of mass incarceration, identified as a cause of the systematic violation of this principle. The central hypothesis is that the ECI is not part of any given reality but is an effect of a regime of power. Starting from the premise of the ECI's ineffectiveness, the arguments used by the STF justices in the ruling issued in the precautionary measure in ADPF 347 are analyzed in comparison with other cases under the general repercussion system, which constitute what the Supreme Court has referred to as the prison system agenda, in light of the constitutional principles that follow from the adoption of the rule of law. Upon finding that these principles are not those actually employed by the Supreme Court—indicating the existence of a legal-political paradigm distinct from the constitutional rule of law—the ECI jurisprudence will be qualified as symbolic, in light of Neves’s theory of symbolic constitutionalization. Once the jurisprudence is characterized as symbolic, the research introduces Foucault’s notion of governmentality as the analytical tool to be used in examining its operational logic and concrete effects. The study presents Foucault’s notions of power and governmentality in contrast to legal and philosophical theories designed to solve the problem of power, highlighting the normative paradigm adopted by Habermas in his reconstruction of the democratic rule of law. Within this framework, the ECI declaration is submitted to the scrutiny of power analytics and situated within the field of governmentality in order to identify the effects that this jurisprudence, as a concretization of symbolic constitutionalism, produces. Some consequences of symbolic constitutionalization—such as the lack of legal normativity, sub-citizenship, and the absence of reflexivity within the legal system—will be brought into dialogue with the insights offered by governmentality as a methodological and critical instrument to analyze the ECI declaration and its concrete effects. As a result of employing Foucault’s critical apparatus, the ECI declaration is identified as a hypothesis of biopolitical concretization of symbolic constitutionalism, operationalizing an individualizing and totalizing rationality. Finally, the research proposes some ways of opposing biopolitical constitutionalization by using Foucault’s analytical tools.

COMMITTEE MEMBERS:
Presidente - 1258492 - EDVALDO DE AGUIAR PORTELA MOITA
Interno - 1134743 - MARCELO DA COSTA PINTO NEVES
Interno - 6136043 - MARCUS FARO DE CASTRO
Externa à Instituição - MARIANA PIMENTEL FISCHER PACHECO - UFPE
Externa à Instituição - VANJA GRUJIC - UFPE