OS DISCURSOS JUSPOLÍTICOS ANTIDEMOCRÁTICOS E A RETÓRICA DO RAZOÁVEL: CONTINUANDO A CONVERSAÇÃO PARA UM ESTADO DEMOCRÁTICO DE DIREITO PÓS-MODERNO

Abstract

In contemporary times, it is clear how much the right to speak and the right to be heard are, constantly, being curtailed. Metaphorically, it will be propose to reform the modern democratic thought in order to build a refuge to cover the reasonable discordant - as if to give it a home. In this sense, the starting points of this work are the notions of violence, reasonable, human rights and post-modernity, which are studied from a rhetorical approach. Modern visions of both democracy and the democratic state are identified so that, from these perspectives, it is possible to insert these two ideas into a post-modern reality, i.e., to reform them. The objective of this reinterpretation is to achieve a continuity of the conversation that is essential to safeguard the reasonable dissenter, which will be the driving force behind this evolution of conceptions. It ends by delimiting the borders of this construction, knowing and regulating the concepts of tolerance and reasonable. And, finally, some recent decisions of the Federal Supreme Court that help us to better understand these limits are analyzed.