Autoridade Nao Hierarquica No Uso Dos Direitos Non Hierachical Authority in the Use of Rigths

Abstract

First, it is presented the notion of the Rule of Law by the providencial paradigm and demonstrated how the modern Nation-State fail to concretize democracy. Immanuel Kant's theory is example used here. The analysis show that the theoretical grounds in which the Rule of Law reside are, in themselves, the reason for the injustice of the modern Nation-State. The analysis is grounded in Giorgio Agamben's political theory. Following is presented the ethical idea of the primacy of the Good over the Right. The argument end with the concept of Event sustained as the foundation of the use of rights in a democracy. Here the argumentation confront the rationality of John Rawls's theory of justice with the inferential logic of Robert Brandom. The aim is to show a understanding of the Rule of Law centered on the persons and able to deal with the particularities of the lives of individuals living on a democracy.