Direitos humanos e democracia à luz das críticas ao liberalismo de Carl Schmitt e de Chantal Mouffe
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2014-11-24
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Universidade Federal de Goiás
Resumo
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.
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Política , Direitos humanos , Democracia , Modernidade , Liberalismo , Politics , Human rights , Democracy , Modernity , Liberalism
Citação
RODRIGUES, Daniel dos Santos. Direitos humanos e democracia à luz das críticas ao liberalismo de Carl Schmitt e de Chantal Mouffe. 2014. 131 f. Dissertação (Mestrado em Direitos Humanos) - Universidade Federal de Goiás, Goiânia, 2014.