The fundamental duty to not attempt against the democratic State of law: an approximation between Jürgen Habermas and Thomas S. Kuhn and the extinction of the National Policy for Social Participation

• Autor(a) principal: Viola, Thiago
• Data de Publicação: 2021
• Outros Autores: Pedra, Adriano Sant’Ana
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Quaestio Iuris (Online)
• Texto Completo: https://www.e-publicacoes.uerj.br/quaestioiuris/article/view/63009
• topic: Constitutional. Paradigm. Democratic state. Jürgen Habermas. Thomas S. Kuhn.

The present study aims to investigate whether the extinction of the National Policy of Popular Participation fails to fulfill the fundamental duty of not violating the Democratic Rule of Law. The first chapter presents the theoretical basis of the article, which uses Thomas S. Kuhn's epistemology and paradigm concept, reformulated as a disciplinary matrix in his post-critical works, in dialogue with the procedural paradigm of Habermasian discursive democracy. In the second chapter, a review of the scientific papers and the normative-political basis of the fundamental and human duty to respect the democratic order is carried out, not practicing acts or making speeches that attempt against it. In the third chapter, through a logical-deductive methodology of the sedimented theories, we study the normative act that extinguished the policy of social participation in Public Councils and Adin 6.121-DF, filed against that act. The article identifies in the judgment legal matrices still in conflict in our legal system, despite the fact that all STF judges emphasize the virtues of participatory democracy in the democratic rule of law paradigm. Finally, it is concluded that the extinction of the Councils in an unrestricted way violates the fundamental duty of not violating the democratic rule of law, in the light of Habermas' discursive theory of democracy.