Homo sacer e Provocatio no pacote anticrime

Abstract: This study aims to provide support to the legal institution from the Roman Law called provocatio. However, unlike the disseminated provocatio ad populum, the provocatio presented in this work involves calling on citizens to rise up against state arbitrariness to be carried by law enforcement officials. The rebirth of the institution is justified for protecting the homo sacer, a contingent of citizens who have been excluded from the protection of life and also deprived of enjoying their rights through legal mechanisms. It will be demonstrated that the attempt to expand the causes of justification on self-defense in the anticrime package – under consideration in the legislative houses – reinforces the belief of political factions aligned with the thought of “lives not deserving to be lived”.