Direito, reconhecimento e cidadania: uma abordagem reconhecitiva dos direitos

Abstract

In this dissertation, I departed from the hypothesis that the idea of an originary intersubjectivity, constitutive of some theories of recognition, could offer an epistemic gain in approaching to legal field. Using Charles Taylor s and, mainly, Axel Honneh s works, I aimed to reconstruct some of central elements of their thesis in order to investigate if they could offer any considerable contribution to analysis of rights, law and related phenomena. Therefore, I undertook a reconstruction of the contributions of these authors to the idea of a second-order sedimentation of an egalitarian moral vocabulary, which I took as a foundational aspect of modern law . In addition, I reconstructed also their ideas of an intersubjective constitution of the self and the fact of recognition relations as constitutive elements of social ontology. After these steps, I proposed, departing from Charles Taylor and Axel Honneth, what I called a recognitive approach to rights , as an approach to legal phenomena that aims to articulate the moral infrastructure that underlie legal relations. I also proposed the communicative institucionalization of rights , the internal critic of juridical forms and rights as normative horizons as three main aspects of this approach. Finally, I analyzed the relevance of such an approach by investigating some Brazilian contemporary according to it.