Da exceção Agambeniana à constituição planetária de Ferrajoli: desafios impostos pela pandemia do novo coronavírus às categorias jurídico-políticas tradicionais

Abstract

The article proposes to make a review of some of the main theoretical positions produced so far about restrictive freedom measures and the state of emergency recognized as a result of the new coronavirus pandemic, seeking to establish a dialogue between the thought of different authors who, even from theoretical frameworks and conceptual tools differents, aim to raise reflections about the situation that has shown itself as a true watershed in human history, given the magnitude of the consequences hitherto mapped and the tension of traditional legal-political categories for it imposed. The text is divided into three sections: in the first, it seeks to establish a dialogue between the theoretical perspectives of the Giorgio Agamben and Slavoj Žižek - which deal about the question of the establishment of a true state of exception (Agamben) and the resumption/revisit of the concept of “communism” as a condition of possibility for coping with the disease (Žižek); in the second section presents the Luigi Ferrajoli's perspective about of the need of the to build a “planetary Constitution” to face the different contemporary crises; this perspective is placed in dialogue, in the third section, with the theory of Delmas-Marty, thought as a condition of possibility to give concreteness to the aspiration of the Italian jurist