Pensando o direito e a política com e contra Hannah Arendt e Carl Schmitt

Abstract

The present article proposes thinking the law and the politics with and against Hannah Arendt and Carl Schmitt, in order to discuss the consequences that the conceptualization of the politics may have on the reflexion about Constitutional Democracy in the beginnings of 21st century. Then, the text approaches the theoretical elaboration of both authors and their contribution to think the public space contemporary. First, it rescues the understanding of Carl Shmitt about the politics, through notions as political theology, democratic homogeneity, sovereignty, decision, staten of exception and the distinction between friend and enemy. Second, it turns to the Hannah Arendt´s formulations on the political sphere. Arendt, ranging from Antiquity to the Great Revolutions of 18th century and the events of 20th century, develops central concepts of her theory, as freedom, action, power and plurality. Finally, the article makes some appointments and raises some questions to continue the critical dialogue proposed. Keywords: Law and politics; Hannah Arendt; Carl Schmitt.