Professional Documents
Culture Documents
1 The Center for Defense of Life and Human Rights is a non-governmental, non-profit, created in
November/1996 in the city of Aailndia (MA) with the goal of defending the dignity of the human person - life
- and to promote, as a corollary their program activities, the effectiveness against human rights violations. In:
<www.cdvdhacai.org.br>.
2 HABERMAS, Jrgen. Entre Naturalismo e Religio: estudos filosficos. Traduo de Flvio Beno
Siebeneichler. Rio de Janeiro: Tempo Brasileiro, 2007. 400 p. (Biblioteca Colgio do Brasil 14)
We know that, for Habermas, his long research activity has three fundamental questions:
Reason, the Public Sphere and Discourse (Between Naturalism and Religion). In this sense,
his recent paper entitled Zur Verfassung Europas (On the Constitution of Europe) brings these
three aspects of his practical philosophy. In it, the concept of human rights is presented as a
primary condition "subject as an inclusive political community" 3 and that, in turn, relates to
the active participation of citizens in the democratic process - defined here also the formation
of public opinion and the will as well as making decisions for certain purposes - the rule of
law. On the other hand, there is also the assumption of national sovereignty as so fundamental
principle of democracy in the post-secular, however, Habermas believes that without the
process of transnationalization of sovereignty (Transnationalisierung der Volkssouvernitt),
the democratic state itself backfires in his project of legitimation before the social-political-
economic. In an attempt to postulate ethical-normative criteria, based on the use of
communicative reason, on the one hand, and on the other, such criteria have philosophical
imprint as 'Hintergrund' the Kantian legacy, Habermas unravels in Zur Verfassung Europes
three aspects the challenges of transnational democracy, namely: communitarization
(Vergemeinschaftung von Rechtspersonen) of legal entities (which grants rights to citizens in
terms of being free and equal), the capacity for action of the collective organizations
(Kompetenzverteilung die im Rahmen einer Organisation) and finally, the medium integration
of civil society.
4
In Zur Verfassung Europas (On the Constitution of Europe), Habermas offers some
clues to the consolidation of a Constitution able to reorient society given the signs of
emancipation or not, as he affirms the "pathologies of reason." To this, he said, is necessary to
think from the point of view of the state government form in transnationalization of
democracy. The term transnationalism, for Habermas had been used, for example, in the
5
series "Political Writings" titled Ach Europa and it is the assertion that the public sphere
cant be self-centered, or the other way, at the level of the national state however, it takes
6
"destranszendentalisiert," that is, make it transnational (this concept reveals not just an
"extension" or expansion of democracy in nation states, but the construction and consolidation
3 HABERMAS, Jrgen. Zur Verfassung Europas. Berlin: Suhrkamp Verlag, 2011. p. 36.
4 Habermas speaks of the Constitution in the normative sense of the word and not merely about the formation of
democratic state
5 HABERMAS, Jrgen. Ach Europa: Kleine Politische Schriften XI. Frankfurt am Main: Suhrkamp Verlag,
2008. 191 p.
6 HABERMAS, Jrgen. Kommunikatives Handeln und detranszendentalisierte Vernunft. Stuttgart: Reclam,
2001. 87 p. In this text, the concept of detranszendentalisierung has two aspects: on the one hand, the
integration of individuals socialized in the context of the world of life, and; secondly, the intersection
(Verschrnkung) cognition with speaking and action. We note here the legacy of communicative action - the
project of universal pragmatics - like the tone of philosophy practice (praxis).
of moral and normative criteria that enforce the principles democratic). This constant quest to
actualize democracy is that Habermas suggests conceptually as "realistic utopia of human
rights" (realistische Utopie der Menschenrechte). For Habermas, the feasibility of the
program of human rights depends precisely on the design that has about the dignity of the
human person.
Taking as reference the essay Zur Verfassung Europes, we want present, in this research,
Habermas' concept of dignity of the human person (Menschenwrde) centered on a strong
democratic conception of "human rights" which, in turn, implies also the triadic classification
above ilustrated. There is a sentence about the notion of human dignity (Menschenwrde)
which Habermas defines it as a seismograph that indicates what is constitutive for
democratic order which are precisely the rights that are granted to citizens of a political
community and, therefore, they may consider each other as members of a voluntary
association of free and equal (Habermas, 2011, p.21)
Habermas says this concept accurately the Kantian legacy in regard to the subject's
volitional act. Could differentiate and we reference it in the philosophical tradition - the
concepts of dignitas and persona, but the concept of metaphorical way above indicates much
more than textually presented as the democratic state it is not for lack of human dignity and
must necessarily be diagnosed by fundamental rights. Now, this is exactly and precisely
empirical normative diagnosis that both human dignity as human rights establish a link up
thematically regarding the inclusion of citizens to a particular political community. This
"association rules" is not opposed by Habermas, but he points to the following question:
"What is the moral sense of inclusion?" Where each would be respected as equal subject (s)
Law (s) for their human dignity. This question is put to the tense relationship between
universal human rights and civil rights individuals (partikularen Brgerrechten). The
argument is that arise in international relations, the moral obligations between states (and
citizens) from a systematic interdependence of increasing global society. It is from this point
that the resulting claims inclusive of reciprocal dependencies interactions. In short,
the concept of human dignity transfers the contents of a morality of mutual
respect for all citizens on the condition that [first] create their dignity
(selbstachtung) and [secondly] that all other citizens are recognized as
subjects of equal rights (HABERMAS, 2011, p. 26)
The content of seismographic human dignity is reflected above all in the freedom or the
use thereof. In any case, even the freedom, the reason is as paradigmatic foundation
philosophical; therefore designed logocentric character from the subject allows, volitionally,
ascribe to freedom one normative foundation. It is in this sense that Habermas defines
freedom as "the ability of people to rational self-legislation" (Habermas, 2011, p.29), and then
in the allocation and use of freedom as the faculty advisor to praxis, it features three
conditions for the establishment of democratic order.
In this point argues not only precisely the normative content, but the principles that
underlie such content. Example of this process of forming a legal basis able to build effective
programs that counter an ideology contrary to human dignity and the rights that are granted
by corollary is the PEC of Slave Labor. The argument in this case lies in the discussion of
changing the classification of slave and degrading treatment contained in Art 149 of the
Criminal Code. One must remember that for the caucus content of PEC Labour slave is very
subjective because.
reduce someone to a condition analogous to slavery, or subjecting it to
forced labor or exhausting journey, or subjecting them to degrading working
conditions, or restricting it, by any means, their locomotion due to debt
contracted with the employer or agent.
Seems to claim this assertion idealistically realistic legal since we are not talking about
people ... Given this opposite framework there is no doubt that it is necessary and not
contingent on building a legal basis for the policy effectiveness of human dignity as well as
their rights. Take into account that many workers are aided by CDVDH the lack of
recognition and enforcement of rights by the companies that hire them 8. For Habermas, a
policy of building-specifically enforcing rights and human rights just happens to have more
sense within a strong democratic conception of the public sphere. Yes, without the feasibility
of a project of democratic public sphere becomes difficult process to establish a legal basis
that is constitutive of human rights.
The Written Political XI also is developed in three parts, where the 3rd is entitled "On
the Reason of the Public Sphere." The 3rd part is divided into two: the 1st, Habermas argues
about the media, markets and consumers that make up the gist (Rckgrat) Politics of the
Public Sphere. In part 2, the starting point for Habermas is the question of empirical support
normative theory of democracy. In this sense, he presents a preamble about the notional
democracy - where is the element of the Public Sphere here - and then argues "way of the
decalogue" about the constitutional sphere that should take care of the legal protection of the
state. The modern democracy, for Habermas, gather three elements: autonomy of private
citizens who have the right to guide a self-determined life, a democratic civil society, and
therefore inclusion of free and equal citizens in the political community, a public sphere
independent policy linking civil society in the formation of public opinion and will. These
three elements the right to equality and freedom, democratic participation and power
(government) through public opinion are, in fact, the family of the Constitutional State.
Despite the fact that the fundamental difference, for Habermas, among liberal conception
8 Congressmen from Maranho try approve another project coping practice of slave labor in the State. The
Project of Law No. 078/2013, by Deputy Bira's Pindar propose that companies that benefit directly or
indirectly from slave labor will be prevented from exercising the same type of economic activity or open new
company in the industry for five years. For this, the company has canceled their taxpayer identification Tax on
Goods and Services (ICMS), which prevents its operation. The proposal by Deputy is the project to be approved
later this year. This is the second bill to be discussed by the Legislative Assembly of Maranho seeking to reduce
labor. In April 2012, the House approved a law that prevents the state government from entering into contracts
with companies that have made use of slave labor. Initially the law was vetoed by the government, but after
further analysis, in early 2013, was enacted by the Governor. See (CDVDH). Another project to tackle slavery.
Available <Http://www.cdvdhacai.org.br/14-exemplo-de-dados-artigos/228-bira>. Accessed 14 June In 2013.
(preference for the freedom of civil society) and design or republican tradition (the active
participation of citizens in the democratic process and in the formation of public opinion). It is
observed that the influence of philosophical articulation Kantian tradition.
According to Habermas, under deontological principles, we can identify procedural
elements for effective political public sphere:
The project is a State Constitutional protection of the rule of law through the private
sphere9:
a system of equal basic liberties for all citizens, which would simply be
restricted by the right of freedom of otherness (Kantian principle of law);
access (Zugang) the Court (s) (Gerichten) Independent (s) that confer (s) to
all the right to legal protection;
separation of powers between the legislative, executive and judiciary that
guarantees the unity of government to Right and Law.
The Constitutional Project also addresses the political participation of citizens through10
The Constitutional Project looks the proper functioning of public sphere through 11
From these considerations described above, Habermas is convinced that these three
elements - equal rights of freedom, democratic participation and government through public
Habermas is convinced that one of the consequences of the liberal state is precisely the
guarantee that the state must guarantee its citizens, for it is not to exhaust the legal discourse
on fundamental rights guaranteed (Grundrechte), but to establish the existence of those rights
in a democratic state.
The Habermasian concept of Human Rights (Menschenrechte) and Dignity of the
Human Person (Menschenwrde) is not only in pure descriptivity or according Habermas at
the beginning of the text in a "seismography". It is necessary, however, to postulate, as it is
specifically the end of the text, the answer to the question, "Whence should come the
reasons?" for a normative policy. The solutions are not decisive, but consolidated as gateway
of a just society. In times of struggle for the recognition of these rights, "the willingness to
protest" (Protestbereischaft) is "neodymium magnet" that great "seismography policy" that
mediates between the descriptive and normative approach in the struggle for enforcement of
human rights and dignity of the Human Person. This provision not only to protest but also to
create conditions of life worthy reinforce far as fundamental challenge to the work of
CDVDH.
12 CANOTILHO, Jos Gomes. As Estruturas Subjectivas. Sentido e Forma dos Direitos Fundamentais.
In:_______. Direito Constitucional. 6. ed. Coimbra: Almedina, 1993. p. 495 572.
REFERNCIAS
BRASIL. Cdigo de Processo Penal. Vade Mecum. 5. ed. So Paulo: Rideel, 2008
HABERMAS, Jrgen. Zur Verfassung Europas. Berlin: Suhrkamp Verlag, 2011. 129 p.
_______. Ach Europa: Kleine Politische Schriften XI. Frankfurt am Main: Suhrkamp Verlag,
2008. 191 p.