“Shards of an embodied reason”: the critique that sustains the critical theory of the constitution

• Autor(a) principal: Gonçalves Alcântara, Guilherme
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/18807
• topic: Constituição; Crítica; Teoria Crítica; Teoria Tradicional.; Constitution; Criticism; Critical Theory; Traditional Theory.

CONTEXT: What is the idea of criticism in Frankfurt's critical theory, and how does this idea make it possible to reformulate the theory of law and the constitution?. OBJECTIVE: Guided by these questions, the present essay aims to present a bibliographic review of seminal texts for the understanding of the notion of critique of critical theory, outlining its constitutive elements and its correction processes throughout the 20th century. METHOD: Bibliographic review. RELEVANCE/ORIGINALITY: The relevance of this study lies in the clarification of the theoretical-methodological contributions of a critical theory of the constitution. RESULTS: The results are an indication of six constitutive elements of the critical theory of the constitution. THEORETICAL/METHODOLOGICAL CONTRIBUTIONS: They are: i) the refusal of any type of dualism that isolates theory and reality; (ii) recognition of the practical character of critical theory; (iii) the commitment to social rationalization; (iv) the addition of genealogy as a metacritical point of view; (v) the abandonment of propositional logic in favor of the logic of the answer and the question.