REPENSANDO A BANALIDADE DO MAL EM TEMPOS HODIERNOS À LUZ DO PENSAMENTO DE HANNAH ARENDT

Uma defesa a direitos fundamentais

Abstract

The objective of the present work is to expose a critical analysis to the preliminary injunction of Habeas Corpus 183.44, which remained impaired. As patients on the
remedy, all vulnerable people are presented, provisionally imprisoned. In the face of the calamity scenario, due to the covid pandemic 19, a public defender pleaded for the
granting of the injunction, as well as for the immediate relaxation of the prison with or without the imposition of other precautionary measures, or alternatively, the
replacement of the preventive prison by prison at home. The punctual criticism, concerning the writing, is about the allegation of suppression of instance at the expense
of the demand for speed and protection of the right to life. The decision, object of our indignation, seems to us the product of the incarnation of a banal evil, proposed by
Hannah Arent, a German philosopher. The banal evil, in the decision under analysis, is revealed in the inability for thought, it is translated in the inability to think or dialogue
with values of our order.