Direito, democracia e alteridade: uma análise sobre os fundamentos da desigualdade

Abstract

In a world where thirty-four people die every minute due to causes linked to poverty, it becomes evident the democratic deficit produced by inequality. This research reveals the existence of people left behind in policy deliberations by an active movement of construction of an imaginary that keeps them at the symbolic oblivion, what we call global kwashiorkor. Moreover, it shows that inequality is always expressed as a relationship; an asymmetric relationship that radicalizes the human differences. But, recognizing the human diversity, to what extent certain inequality levels would be legitimate? What are the acceptable limits of inequality? These core issues lead us to question of being, because we must first answer: who are we? Therefore, from the course of recognition, we try to establish an epistemological framework situated between truth and justice in the process of the constitution of the identity; stressing that in any process of recognition, there's your backhand, a resistance movement originated by non-recognition. And beyond the dialectic between recognition and non-recognition, there is always a third element is left, a movement that could be called miscognition. Are cases where the constitution of the identity itself is deficient so that it is impossible to speak of recognition without preliminary recover these people from the discursive invisibility. Recognition leads, so the prospect of a Law of Otherness as an expression of contemporary human rights theory, highlighting the emergence of equality, from the identity and difference.