Direito e democracia em Habermas

Abstract

Habermas believes that the decomposition of the traditional ethos in the field of values and norms promoted by the subject’s philosophy, originated two alternatives facing the law, one favored the integrity of individuals through the protection of human rights, while the other favored the community’s self-realization through popular sovereignty, resulting in the opposition between liberalism, which promoted the subject’s figure on a small scale, the individual, and republicanism, which assumed the figure of the subject on a large scale, the people, resulting in a competition between human rights and popular sovereignty, which Habermas intends to reconcile with deliberative democracy.