Direito, faticidade e validade: a influência de Habermas na compreensão da democracia e da justiça no século XXI

Abstract

Jürgen Habermas' Theory of Communicative Action argues that the legitimacy of democracy and law is closely linked to the ability for genuine dialogue among citizens. Habermas asserts that the legitimacy of legal norms and democratic institutions cannot be imposed authoritatively but must emerge from a deliberative process in which citizens, through rational communication, actively participate in the formation of the norms that govern their lives. In this sense, law is seen as a social mediation, justified when it stems from a consensus achieved through transparent and inclusive public debate. By emphasizing the importance of communicative action and the public sphere, Habermas provides a critique of the growing instrumentalization of social relations and proposes a modernity where practical reason and mutual understanding are fundamental to building a more democratic and just society.