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| Author(s): |
Ricardo Juozepavicius Gonçalves
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2017-09-01 |
| Examining board members: |
Samuel Rodrigues Barbosa;
Guilherme Assis de Almeida;
Nathalie de Almeida Bressiani;
Carlos Eduardo Batalha da Silva e Costa
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| Advisor: | Samuel Rodrigues Barbosa |
| Abstract | |
The concept of the public sphere has great relevance in the human sciences, especially since the 1960s, with the productions of Jürgen Habermas on the subject, in which he deals with the concept of the public sphere in a broad sense, its development and theoretical changes that go from his analysis of law and democracy in the 1990s. From the studies of Habermas, we aim to reconstruct and delimit a specific concept of the legal public sphere, with a view to update it through the criticisms elaborated by Axel Honneth, taking into account the occurrence of struggles for recognition of rights that happens within this space through lawsuits of the most diverse social actors. This conceptual update allows a better understanding of the characteristics and significance of the recent legal instrument of public hearings within the scope of the Supreme Court. Our objective is to demonstrate that through the Habermasian concept of the legal public sphere we can achieve a theoretical reference that can better explain the existence of an institutional arena with a different deliberative democratic potential within the Brazilian Judiciary, its characteristics, potentialities and blockages. In the end, we deal with the analysis of the judgment of the constitutionality of the policy of racial quotas for admission to higher education as a way of exemplifying conceptual construction. (AU) | |
| FAPESP's process: | 15/13077-7 - The concept of legal public sphere: the debate between Jürgen Habermas and Axel Honneth |
| Grantee: | Ricardo Juozepavicius Gonçalves |
| Support Opportunities: | Scholarships in Brazil - Master |