The objective of this article is to demonstrate the diffuse perception that us has lived under the
exceptional paradigm of Agamben as a form of government, under the robes of the rule of law in
Brazil, using as demonstration of this fact the amount of Provisional Measures made by presidents
who put on the clothes of legislator. As a methodology, theoretical qualitative research was used to
reach the conclusion that the authoritarian inheritances and the exceptional innovations that permeate
the legal order and state governmentality in the Brazilian State show the maintenance of only formal
rights permeated by a fragile democracy, with obstacles to its development.