Participação deliberativa ambiental : o passado como requisito comunicativo de legitimidade do direito

Abstract

This research was conducted in the biennium 2014/2015 in the course of Master of Law at the University of Caxias do Sul, focused in Environmental Law. The work is part of research project "Deliberative Democracy and Environmental Protection", coordinated by Prof. Dr. Leonardo da Souza Rocha, guiding this work, and adhere to the line of research on environmental law, public policy and socioeconomic development. Jürgen Habermas, under the theory of discourse, contemplated such questions in your statement or discursive D principle ', whereby only have validity standards that can count on the agreement of all those involved in the condition of active participants in a practical discourse. This statement is the starting point of this study in order to know if it is feasible to use theory to create a theoretical proposal for a legitimate solution to the dilemmas (trans) generational ecological. The general objective is to verify the theoretical feasibility of consideration of past generations as a legal category of missing environmental decision based on Jürgen discourse ethics Habermas, justifying the importance of this to the right in dialogued perspective with studies of Hannah Arendt about the nature of evil that sustained the totalitarianism of the twentieth century, exemplified in the Eichmann trial. Deepening the discussion from the point of view of law and democracy theory, we also have the following specific objectives: (a) focus on the study of Habermas's discourse ethics and its possible theoretical feasibility to face the environmental resolution in complex societies; (b) relate to the ethics of Habermas's speech with arendtianos studies on the banality of evil totalitarianism of the twentieth century, specifically in Eichmann work in Jerusalem, taken from the perspective of discourse ethics and action in facing public to environmental law; (c) pursue a possible (re) definition of who are all caegorias missing in environmental decision, highlighting past generations (that do not close the list but are the focus of this study) whose argument was withheld over time for events overwhelming the same omission and undemocratic banal misidentified totalitarianism of the twentieth century; (d) reflexively proposing the importance of consideration of past generations as a category of missing to be considered in environmental decisions present as unavoidable historical influence, necessary political argument and legitimacy requirement for the outcome of any legal decision. This study takes care to propose a cultural and transgenerational paradigm in application of discourse ethics in deliberative understanding of processes, enhancing the most of their ability to add players to the pubic space of argument. In the work of Habermas democracy it is above all an ethical issue of participatory rational communication in the public sphere. Democratic enlargement of the more accurate a picture as possible of who the others who share the world is the problem of this research, it intends to expressly give voice argumentative present to past generations, and therefore gain legitimacy to also speak to future generations, without having to let Young sad testimonies of banal evil forever defiled the twentieth century.