ETHICS LAW DIALOGUE CULTURALIST

• Main Author: Afonso Soares Oliveira Sobrinho
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2016-08-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: constituição; cultura; democracia; dialética; direito.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/22019

The law is not the product of a univocal thought, but constructed from ethical relations, legal and political, cultural and institutional structuring-structured in the global society of the twenty-first century. The formation of the culturalist dialogical ethics law aims to encompass the diversity and pluralism of bodies and social actors through deliberative, participatory democracy in the creation, interpretation and application of law. Especially regarding the effectiveness of fundamental rights. Here is the relevant work the prospect of a better society, with decent life for all. The participatory democratic dialectic process is the result of the amalgamation by the clash between social infrastructure and superstructure and qualitative leap up through the constitutional culturalist understanding, based on human dignity, in good faith, in selfie-regulation, in cooperation as a tool democratic decision-making. In this vein conciliation stand out, mediation, arbitration, public hearings, judicial precedents, procedural business, participatory budgeting, dialogical administration and among other democratic instruments.