Resumo

MORENO CRUZ, Rodolfo. Jürgen Habermas. Baedeker of his legal proposal. Probl. anu. filos. teor. derecho [online]. 2023, n.17, pp.221-250.  Epub 24-Jun-2024. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2023.17.18215.

Habermas has developed a legal Theory based on his communicative action philosophy. Without moving away from the traditional foundations that sustain the Rule of Law, he has innovated a position of legitimation of the law and its exercise, even offering new conceptual tools for the judicial function as it’s the case with what could be called the adequacy that replaces to the well-known proposal for the weighing of rights. This article aims to serve as a guide to get inside the territory of his discursive proposal.

Palavras-chave : Discursive Theory; Legitimation; Legal Argumentation; Fundamental Rights; Judicial Function.