Referring to Lucien Goldmann s structuralist-genetic method, the dissertation takes as its object the orders of power, under the guise of legal norms, in exception regimes, proposing, in addition to the theory of law, a general theory of non-law. To this end, it revisits the critique of the German social democracy jurists (Ernst Fraenkel and Franz Neumann) on Nazi legality and the legal and political aspects involved in the implementation of this order. As a comparative aid, the research historically runs a list of coups d état around the world, comparing them with the validity of Carl Schmitt s theoretical notions, and establishing a proper categorization of certain exception regimes, named by the author of reactionary capitalist dictatorships. In the end, there is a critique of the brazilian Supreme Courts s judgment of ADPF n153 and an interpretation of the legal order of the Brazilian military dictatorship as a state of non-law absent from legal constitution.