A CONSTITUTIONAL, DEMOCRATIC ANALYSIS OF THE RELATIVIZATION OF PROHIBITING TORTURE IN EXCEPTIONAL CASES

Abstract

This work aims to answer whether the discourse based on the relativization of torture prohibition, in
exceptional cases, is compatible with the paradigm of the rule-based democracy. Considering all the
proposed arguments in favor of torture, it was established that none were able to justify the State’s
intervention without it compromising its legitimacy. After all, by no means would treating an individual
as a mere object in order to meet other people’s interests, as if their dignity were under a kind of
resolute condition, be acknowledged in a constitutional jurisdiction.