A DEMOCRACY AS A TOOL FOR A FAIR DECISION - BETWEEN HABERMAS AND DWORKIN

Abstract

The present article, with bibliographic, normative and judicial decision analysis methodology, objective to expose the judicialization of politics and the politicization of justice, to approach methods and paths for the improvement of justice, based on the theories of Ronald Dworkin and Jürgen Habermas, constitutional jurisdiction and judicial decisions. The approaches proposed here objective to understand the integrality of law and, through its reconstruction, assess the judge's emotional and evaluative burdens when making a decision, seeking, within a democratic bias, to reduce the burden of the judge's person and improve this decision environment.