O direito à justificação: sobre a dialética entre igualdade e diversidade à luz da teoria da tolerância de Rainer Forst

Abstract

The present study presents a reflection on the challenges of democracy in the face of the pluralism of modern societies, especially on the possibility of reconciling social, ethical and political diversity and equality guaranteed by the democratic rule of law. The sustained thesis is that discursively justified democratic institutions can express the plurality of voices present in contemporary societies through the symmetrical inclusion of all those involved as authors and recipients of general norms. In order for this reflexive form of democracy to occur, an inclusive public sphere is essential to allow the discursive conduct of conflicts in the search for agreements on the best way of institutionalizing the basic structure of society. In the deliberative procedure, the modern concept of tolerance plays, as we shall see, a fundamental role. Therefore, a theory of deliberative democracy would not be possible if it did not present a conception of procedural toleration and, in this sense, the study of this category, in the light of Rainer Forst's thought, receives a special space.