O dever fundamental de não atentar contra o Estado democrático de direito: uma aproximação entre Jürgen Habermas e Thomas S. Kuhn e a extinção da política nacional de participação social

Abstract

The present study aims to investigate whether the extinction of the National Policy of Popular Participation fails to fulfill the fundamental duty of not attacking the Democratic Rule of Law. The first chapter presents the theoretical basis of the article, which uses Thomas S. Kuhn's epistemology and paradigm concept, reformulated as a disciplinary matrix in his post-critical works, in dialogue with the procedural paradigm of Habermasian discursive democracy. In the second chapter, a review of scientific articles and the normative-political basis of the fundamental and human duty to respect the democratic order is carried out, not practicing acts that violate it. In the third chapter, through a logical-deductive methodology of sedimented theories, the normative act that extinguished the policy of social participation in Public Councils and the Adin 6.121-DF, filed against the aforementioned act, is studied. The article identifies legal matrices in the judgment that are still in conflict in our legal system, despite the fact that all STF judges emphasize the virtues of participatory democracy. Finally, it is concluded that the extinction of the councils in an unrestricted way affronts the fundamental duty of not attacking the Democratic State of Law, in the light of Habermas' discursive theory of democracy.