Resumo

VARGAS, Juan carlos E.. THE ORIGINS OF TOTALITARIANISM OF HANNAH ARENDT AND THE HANDLING OF THE LEGALITY (THE TOTALITARIAN CHALLENGE OF THE LAW). Rev. Bol. Der. [online]. 2011, n.11, pp.114-131. ISSN 2070-8157.

The purpose of the present article is to analyze how law can be a States’ instrument to suppress people’s freedom and achieve total domination.The study bases its arguments on Hannah Arendt`s conception of legality, which is well developed in her master book piece The Origins of Totalitarianism. With this book, Arendt started studying the evil like a political problem, thought the actions done by the regimes of Hitler and Stalin, nonetheless the obvious ideological differences between these two men, it must be said that both supported their power on terror, ideological fiction and manipulation of legality with the aim of criminalizing and punishing innocent people. Jewish, gyps, homosexuals, intellectuals, countrymen, wealthy people, etc, just to make a reference, they were murdered once those regimes overtook power. The totalitarian States in contrast  with the tyrannies, apart from legality, totalitarian States build a juridical structure to legitimize their power. Moreover, they just don’t defiance legality, but also create an appearance of it. The Totalitarian governments follow the nature and historic laws, which emanates positives laws; it’s for this reason that we approach the concept of totalitarian illegality, keyed to represent how the totalitarian states challenge the positive law

Palavras-chave : Legality; totalitarianism; Hannah Arendt; terror; rights.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )