A HETEROGENEIDADE DO ETHOS PÓS-CONVENCIONAL E A FUNÇÃO INTEGRADORA DO DIREITO: PARA UM MODELO HERMENÊUTICO NA ERA DA HIPERCOMPLEXIDADE SOCIAL

Abstract

Contextualization: The process of dissolution of the ethos on which modern rationality was based raises the question of the reconstruction of democratic consensus in a secularized society that is part of a global village, whose expectations of stabilization and integration rely on legal regulation. This work rethinks the paradigm of the Rule of Law, in order to re-legitimize democratic and social cooperation in a context of growing complexity.

Objectives: The objective is to point out paths to be followed, in terms of making the praxis of democratic reiteration viable, as a means of revitalizing the constitutional regulatory legacy that relies on an adequate hermeneutic that updates the constitutional principles into which the founding values of the political-legal community are condensed. This gives rise to a circular hermeneutic movement that reactivates the political-legal “we”, as a legitimating source of state coexistence that appeals to the emancipating vector of human dignity.

Methodology: The historical-hermeneutic method was used.

Result: As a result, there is a better adaptation of the conceptual apparatus of the political-legal discourse to the current stage of development of the Rule of Law.