Teorias dialógicas, minorias e pluralismo: uma reflexão com fundamento na filosofia constitucional do reconhecimento
The theoretical strategy of articulating reflections on the Philosophy of Recognition to the Theory of Constitution is one of the fundamental pillars of a new branch of a Law called Constitutional Philosophy of Recognition. The work investigates the role of dialogic theories and their articulation w...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8909396 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 14, Nº. 2, 2022 (Ejemplar dedicado a: Maio/Agosto), pags. 219-241 |
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| Summary: |
The theoretical strategy of articulating reflections on the Philosophy of Recognition to the Theory of Constitution is one of the fundamental pillars of a new branch of a Law called Constitutional Philosophy of Recognition. The work investigates the role of dialogic theories and their articulation with the realization of minorities rights based on the Constitutional Philosophy of Recognition. The Philosophy of Recognition and the Theory of Constitution have a common conceptual substrate: the challange of pluralism, which marks multicultural societies and the need for a constitutional jurisdiction that enforces fundamental rights of vulnerable minorities. Therefore, the research problem consists in questioning: how the Courts can empower epistemological subjects through a radical and inclusive democracy, challenging asymmetrical conceptions present in traditional sociocultural practices?
We support the hypothesis that the thesis of judicial supremacy of the Courts is ineffective, since the great virtue of Constitutional Philosophy of Recognition consists in demonstrating the relevance of dialogical behavior in the constitutional interpretation aimed at the realization of fundamental rights of subaltern groups. Only through interpretative disputes around the constitutional text and the reciprocal assumption of structured discursively perspectives is it possible to deepen the rationalizing potential of the democratic debate both in terms of constitutional interpretation and in domain of the deliberative democracy.
The monographic method is used. The research technique is indirect documentation through bibliographic consultation of theoretical frameworks. by Post, Siegel, Habermas, Taylor and from other authors. The documentary research is used. |
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