Cosmopolitismo e democracia transnacional entre Kant e Habermas: da fragmentação do direito internacional à transnacionalização da democracia

Abstract

The present monographic study intends to analyze the Habermasian critique of the Kantian project for the constitutionalization of international law, reconstructed from the procedural perspective of deliberative democracy under the theme in the form of a transnational democracy between national states and non-state actors integrated by the fluidization of global communication , the globalization of capital in decentralized forms of decision-making, based on the re-coupling between the informal communication of society and the formal administrative schemes mediated by law. We start from the Kantian assumptions for perpetual peace and the internal development of this proposal in the Doctrine of Law through the innovation made possible by cosmopolitan law, and then present the considerations defended by Habermas through the reconstruction of cosmopolitanism anchored in the supremacy of human rights and the primacy of popular sovereignty. Finally, we went through the proposal of transnational democracy throughout the Habermasian work, in order to understand to what extent it is possible to sustain a repoliticization of the depoliticized public sphere marked by profound social problems and an evident deficit in democratic legitimacy. The methodology used was based on the literature review of the thought of Immanuel Kant and Jürgen Habermas, tensioning such theoretical constructs through the current scenario of world society.