WHAT ARE THE LIMITS OF POWER? A PHILOSOPHICAL AND LEGAL ANALYSIS OF THE ABUSE OF POWER

Abstract

This article aims to analyze the limits of power and the risks of its abuse from a philosophical-legal perspective, based on the works of Machiavelli, Kelsen, Bobbio, Faoro, the 1988 Federal Constitution, and Law No. 13,869/2019, known as the Abuse of Authority Law. The methodology used is qualitative, with a theoretical and reflective approach, grounded in the critical interpretation of authors and the historical and legal context of power in Brazil. The research shows that Machiavelli recognizes the need to balance force and legality for the maintenance of power, while Kelsen proposes law as a normative system capable of legally limiting state actions. Bobbio contributes by discussing the legitimacy of power and legal freedom based on consent. In the national context, Faoro highlights the formation of a self-referential bureaucratic estate, which perpetuates structures of domination and hinders the development of a liberal-democratic State. The 1988 Constitution stands as a legal milestone for restraint, instituting mechanisms such as separation of powers and checks and balances. Complementing this framework, Law No. 13,869/2019 acts as a legal instrument to curb abusive practices by public agents, reinforcing the need for legal and institutional control of power. It is concluded that although power is necessary for social organization, the absence of normative and institutional limits favors authoritarianism and undermines democracy.