Direitos humanos e democracia à luz das críticas ao liberalismo de Carl Schmitt e de Chantal Mouffe

• Ano de defesa: 2014
• Autor(a) principal: Rodrigues, Daniel dos Santos
• Orientador(a): Gonçalves neto, João da Cruz
• Banca de defesa: Gonçalves Neto, João da Cruz , Kozick, Katya, Sugizaki, Eduardo, Santos Neto, Arnaldo Bastos
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Goiás
• Programa de Pós-Graduação: Programa de Pós-graduação em Direitos Humanos (PRPG)
• Departamento: Pró-Reitoria de Pós-graduação (PRPG)
• País: Brasil
• Palavras-chave em Português: Política; Direitos humanos; Democracia; Modernidade; Liberalismo
• Palavras-chave em Inglês: Politics; Human rights; Democracy; Modernity; Liberalism
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.bc.ufg.br/tede/handle/tede/7760

This dissertation aims to verify the hypothesis of Chantal Mouffe - inspired by Carl Schmitt’s – that liberalism denies the political (the antithesis 'friend-enemy') and that liberal language of rights (the legal instrumental, based on courts and jurisprudence) would have overlapped and would be against the language of virtue and positive freedom, a fact that could be, paradoxically, an obstacle to the effective realization of human rights, mainly economic, social and cultural ones. The research was entirely bibliographical, adopting the hypothetical-deductive method and the thoughts of Leo Strauss and Bruno Latour as theoretical frameworks. It has come to a conclusion that liberalism does not necessarily deny the political, but it only disguises its political goals. It was asserted, with Strauss, that the statement of the political by Schmitt is something contradictory and analogous to liberalism itself, because the one who states the political, respecting all the ones willing to fight, regardless the reason they struggle, it’s not different from a liberal who respects all political opinions as long as they recognize the legal order and peace as minimum State goals. Thus the political in Schmitt is not simply the "seriousness of life" (the fear of death), but also the undecidable epistemological character of spiritual life, which antinomies were first detected in modernity. Next, and from the critical reassessment made by Latour of the positive legacies of modernity, it was concluded that the inventions of the individual and of the subject of rights due to modernity allowed the rise, not only of liberalism but also of democracy, contradicting what was supported by Mouffe. Later, despite her advantageous agonistic politics proposal, which upholds that democracy traces are its conflictive character and the impossibility of rational final consensus, it was observed that Mouffe falls into the same Schmitt’s contradiction already abovementioned. Besides that, Mouffe is also wrong in not offering a minimum and necessarily consensual substratum to achieve the equality project and, principally, by wanting to eliminate the epistemological project of modernity, since she ignores that it was this project itself, despite its paradoxes, which engendered democracy and liberalism. Thus, having Latour as a reference, it was inferred that rather than eliminate the modern epistemological project, it would be better to correct it, avoiding its meliorism doctrine and its dogmatic arrogance and becoming visible the modern mechanism of mixing nature and culture elements, which would be mediated by a democracy "extended to things." Finally, analyzing the judicialization of politics and the struggle for human rights in the twentieth century in the United States and Brazil, it was demonstrated that the combination of "current people" of democracy and the "perpetual people" of constitutionalism does not indicate the subjugation of the democratic project by liberal legal language, a fact which, therefore, does not corroborate the initial research hypothesis. In conclusion and taking into account the need to reinvigorate the democratic project in order to really promote political autonomy, it was supported the right to a universal basic income.