DERECHO LEGÍTIMO EN SOCIEDADES DEMOCRÁTICAS MULTI / PLURICULTURALES

UNA VISIÓN DESDE LA PERSPECTIVA HABERMASIANA

Abstract

Contemporary, intensely globalized and multi/pluricultural societies, which recognize and cultivate differentiation as a value, present themselves as a great challenge for jurists and social scientists, who seek solutions to adequately respond, from a vision of the Democratic Constitutional State of Derecho, to the different axiological and normative demands that different groups accommodate to them. desires that must be supported by the legal-political system. In this line, a specific normative structure that meets such diverse demands requires a difficult consensus (including on the guidelines of dissent) that makes the guiding principles of this complex coexistence viable. The present work, based on the assumption that mere respect for strict legality is not capable of granting the acquiescence of recipients of the norm in multi/pluricultural societies, seeks to analyze, from the Habermasian perspective, how a relationship between the concepts of substantial democracy and human rights can support production of legitimate legal norms, which can be recognized by diverse and heterogeneous groups that shape contemporary society. The reflections produced here are the result of a qualitative investigation, with explanatory objectives, using fundamentally bibliographic research procedures.