Democracia e direitos humanos no contexto da reformulação da teoria do discurso

Abstract

The paper will deal with the democratic project of society and human rights in the context of the reformulation of Habermas' theory of discourse in Direito e Democracia (DD) and in his essay The concept of human dignity and the realistic utopia of human rights (DH): the implications of the habermasian interpretation of his own theory of fundamental rights (exposed in DD) by the light of the concept of human dignity in the essay DH. Conclusion: such a reformulation is not hassle-free! In the grounds of the law as such, and specifically of human rights, in DD, this reasoning is not explicitly stated and in the other text, there are a number of difficulties, which reveals the unsatisfactory, from the point of view philosophical view of his theory of law and human rights.