This essay aims to unveil the theological aspects present in legal thought as a constitutive feature of
its own functioning, demonstrating from language and political theology that Justice and Law are
orders that do not keep any sense of belonging to each other. From Walter Benjamin's philosophy of
history and language, I intend to articulate his messianic theology in such a way as to reveal the
mythical rationality of Law in order to potentiate a discussion about justice and rights that can
liberate them from the heritage of guilt. To this end, this monograph will investigate the
interlocutions made by Benjamin regarding the centrality of language in the human relationship
with the world, interpreting law as a plane of its irresolution and of the imprisonment of history by
the mistranslation of social contents, culminating in the legal crystallization of surnamed versions of
the historical struggles for rights. Thus, I intend to elaborate a conception of justice that moves from
inside to outside of law; in a critical movement that can at the same time denounce the impossibility
of its full realization within law, but also think of a political action capable of working at the limits
of its fallibility, at the same time recognizing death and the finitude of living as presuppositions of a
political happiness that is itself the historical and profane goal of the attentive critic, and enabling
language and remembrance as categories that guarantee the possibility of this relationship.
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