A exceção como via de regra: uma análise do Estado de Exceção vivenciado pelos palestinos em Israel

Abstract

This article aims to analyze, from a sociological-juridical perspective, the permanent State of Exception in Israel, specifically regarding the Palestinian population residing there. In that matter, with the use of a bibliographic-documentary methodology, a historical contextualization of the Israeli-Palestinian conflict is carried out, together with a theoretical construction about the State of Exception, with the aim of understanding how the exception operates practically, by isolating the Palestinian people from any jurisdictional protection. In this context, what is evident, based on the purpose of the article, was the multiplicity of aspects of the State of Exception, in the Palestinian circumstances, being its main characteristic the suspension of the current legal system in Israel, to the detriment of arbitrary decisions, orders and decrees that acquire, only with regard to Palestinians, the force of law, despite their notorious illegalities. Furthermore, it is observed that this exceptional scenario constitutes a government technique, in such a way that the non-application of rights and guarantees, provided by Israeli law, for Palestinians, has a systematic and paradigmatic nature.