Legitimidade do direito: uma leitura comparada nos estudos de Max Weber e Jürgen Habermas

Abstract

The present research, through a theoretical and comparative methodology, analyzes the legitimacy of the law, considering its social as well as political importance. In order to approach the legitimacy of law, the conceptions of Max Weber and Jürgen Habermas are investigated and used, due to the nuances brought by these authors on the subject. Thus, it is sought to carry out a theoretical debate among the students, establishing a parallel between the contributions and possible deficiencies of both theories for the thematic of the legitimacy of the law. Finally, some analyzes and reflections on the subject are carried out, with the support of the contributions of scholars on the subject, as well as the effectiveness of discursive validation processes in the context of current societies and the limitations they face in the context of modern democracies.