Revista de Direito Setorial e Regulatório (May 2024)
Perspectivas teóricas sobre a legitimidade da regulação: comparação entre os pensamentos de Jürgen Habermas e de José Pedro Galvão de Sousa
Abstract
[Purpose] To analyze points of convergence between the thoughts of Jürgen Habermas and José Pedro Galvão de Sousa regarding state regulatory activity. [Methodology/approach/design] For the purposes of this study, we start from the understanding of regulation as a "technology of governing social systems" (ARANHA, 2021). From this assumption, the political-philosophical aspects of the thoughts of both authors will be examined. The first author's approach is grounded in Aristotelian-Thomistic realism and the principle of state subsidiarity, while the second author's approach can be described as de-transcendentalized rationalism and Deliberative Democracy. [Findings] Despite the opposition between the fundamental premises of each author's thoughts, there is a convergence regarding the assertion that the excessive heteronomous action of the State in the administration of social life produces dysfunctions that imply a deficit in the self-realization of the members of a political society. Both authors propose a form of reclaiming individual participation in the administration of social life as a solution.
