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This article suggests that in the origins of modern state, there is a paradox: the state concentrates the use of violence and, in this way, it is the main source of violence; but at the same time, attempts to delete it. To solve this paradox is the main challenge of the democratic state. If modern state provides security without rights, it would lose legitimacy, its moral advantage. At international level, the situation is similar. However, the European constitution shows that Kant's dream -adoi:10.1590/s0717-14982006000100002 fatcat:zmqx5scqbbe63h4u65kxpt322u