RIGHT TO RESIST AND CIVIL DISOBEDIENCE: FROM THEORY TO HISTORY
Abstract
“Right to resist”, and its historical variant, “Civil disobedience”, are at the core of this paper. It aims to problematize the requisites presented by the liberal orthodox theory of Civil disobedience, i.e., “non-violence” and “submission to law (even if it is unjust)”, as necessary elements to justify resistance. Methodologically, the paper proposes a bibliographic survey relying on historical and literary grounds. The paper presents a historical narrative on the Right to resist and Civil disobedience, and also a historical example that took place during World War II, the case of the Affiche rouge, involving the group of Missak Manouchian, resistance fighters linked to the French Communist Party, which acted for the French Resistance to the Nazi occupation of France. In conclusion, the paper states that it is necessary to face Civil disobedience as an unfolding of the Right to resist tyranny, also that discussions on the subject require an analysis of the degree of institutionality in a given Authoritarian context, and, finally, that in political contexts where Authoritarian institutionality fully established, the possibility of real and violent confrontation between those resisting and the tyrannical government cannot be prima facie delegitimized.
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Declaro, para os devidos fins de direitos e obrigações, sob as penas previstas na legislação vigente, que como autor(a)/detentor(a) dos direitos autorais do artigo submetido, cedo-os à Revista Argumentum, nos termos da Lei Federal nº 9.610 de 19 de fevereiro de 1998 (Lei dos Direitos Autorais).