DEMOCRACIA RADICAL COMO PROPOSTA DO DIREITO VISTO COMO DISCURSO DE COMBATE ÀS OPRESSÕES

POR UMA ABORDAGEM DO PANORAMA ATUAL DOS CONFLITOS SOCIAIS E SUA (IN)OPERÂNCIA INSTITUCIONAL

Abstract

The social conflicts that erupt in various corners of the world denote democratic-representative bankruptcy in the management and absorption of the claims arising from social phenomena. This is a moment of break with the democratic form still practiced today. Democratic practice must be connected to the defense of human and fundamental rights through the multiplication of spaces in which relations of subordination are open to democratic contestation. Democratic discourse must be available to articulate the various forms of resistance in the fight against different types of inequality and for the claim of emancipation. Law, by radical democracy, is seen as a distinct discursive (phenomenological) formation, which allows us to recognize conflicts through this discursive exterior, that is, it seeks existence for legal production. Radical democracy is a unique form of democracy, whose proposal is unprecedented because it focuses on the informal public sphere, being proposed to be revived and discussed in the current political landscape.