Mediação e democracia: um estudo sob o enfoque da Teoria Habermasiana do discurso

Abstract

The work is made based in theory of communicative action of Habermas. We start by checking the need of the democracy don´t end in the right to vote. Democracy in a way is based in several ways of exercising the power, and the chose on how exercise the power must be made in a discursive way. This happens because the core of the democracy theory is that an agreed in a discourse rule, or exercise of power is more probably of making an effective rule for the ones who are ruled. And in this way the vote cannot be the only way on what the decisions are made. But for this to be true we need that the people are familiar with the discursive way of solving problems and the need to consensus. For this, we need discursive centers in which the people solve the problems by the discourse. So, we identify the autocomposition institutes as most important discursive center in the law sphere. Then, we identify how the autocompositions institutes are an ideal way of create this centers. This happens because in these spaces we have limitation of effects inherent of the institution, and a mediator in the process of speech.