Racionalidade do discurso legislativo: análise de debates parlamentares à luz do pensamento de Robert Alexy

Abstract

This research analyzes the degree of rationality in the deliberations that take place in sessions of the Plenary of the Câmara dos Deputados and the Senado Federal. Its justification lies in the importance of rational argumentation for the institutionalization of a full deliberative democracy. To evaluate the degree of rationality in the deliberations of these sessions, which are the subject of this research, it was necessary to identify the arguments raised by the parliamentarians.; classify such arguments (into institutional, general practical and empirical); establish criteria for evaluating the rationality of arguments; and define the types and degrees of rationality adopted or to be adopted. A bibliographic research was conducted, using the works of reference authors as an indirect source for the deductive extraction of central concepts of the work, as well as an empirical-documentary research whose sources were: (i) The daily editions of two largecirculation newspapers, covering the period from 2000 to 2020, at five-year intervals, in order to select the bills mentioned simultaneously on the cover of both, with the aim of satisfying the criterion of relevance of the bills analyzed and (ii) shorthand notes of the deliberative sessions of the mentioned Legislative Houses. The main results of the research indicate the identification of a substantially higher use of general practical and empirical arguments than legal arguments in the deliberations, and the finding of a serious degree of logical rationality in all cases, according to the triadic scale (light, moderate, serious) adopted. On the other hand, substantial rationality and discursive rationality have exhibited varying degrees in legislative deliberations, although in both cases the higher degree has been predominant.