State and Law: Contributions to the Study on the Foudations of Public Security in Brazil


Editora UFBA – SEAD, ISBN: 978-85- 8292-095- 4, Salvador, 2016, 88p.

In the 5th century BCE, the glorious period of the Greek theater, when Aeschylus’s Oresteia and Euripides’s Hecuba were staged, the limits of private justice and the role of the State in promoting citizen security was finally open to debate in Western tradition. This was possible, however, only because Plato, in the same century, raised for the first time, in his Protagoras, the possibility of our overcoming the arbitrariness and convenience of the gods, thereby creating a human model for public rationality. Twenty-five centuries later, as we comfortably sit back and watch movies like Behind the Sun and City of God, it may feel as though we have not yet made much progress on this point (ethos), even if technologically (techne) civilization has been able to perform many a prodigy.

 

This work is a study manual for the State and Law class, part of the undergraduate course in Public Security at UFBA. Within it are not only the historical transformations that have taken place in the fields of legal and political ideas (including the theories on the origin of the State and Law, and the discussion on the triumph of the Enlightenment-based idea according to which public security is a social pact), but also the discussion on the progress made by the many generations of human rights, as well as the current challenge in rediscussing liberalism and contractualism, whereby we suggest the resumption of the classical idea of ​​State as a promoter of human capabilities and development, so as to “settle the score” with the international demand for justice. In short, the book challenges us to overcome the now dull conception of public safety as a State artifact designed to repress the natural (and sometimes disastrous, vis-à-vis the amoral power of Fortune) human vocation for the exercise of freedom.

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