The ticking time bomb theory in counterterrorism: constitutional limits, moral dilemmas, and implications for brazilian public security

Abstract

This article critically examines the Ticking Time Bomb Theory and demonstrates its complete incompatibility with the Brazilian constitutional framework, particularly given the absolute prohibition of torture and the non-derogable nature of fundamental rights. After reconstructing the philosophical origins of the theory and its development within international debates, the study shows that its practical application poses severe institutional risks to the Democratic Rule of Law, promoting the normalization of exceptional measures, the expansion of discretionary power, and the erosion of accountability mechanisms. The analysis further demonstrates that adopting this line of reasoning in counterterrorism efforts is not only unconstitutional but also empirically ineffective and operationally counterproductive. In contrast, the article presents constitutionally compatible preventive strategies—such as data-driven intelligence, integrated governance, international cooperation, institutional strengthening, and socioterritorial public policies—which are markedly more effective than exceptional measures that conflict with the legal order. The study concludes that effective counterterrorism policies rely on structured and democratic preventive approaches, rather than on extraordinary solutions that undermine fundamental rights and obscure state action.