Menschenrechte on habermasians thought:

the struggle for effectuation over rights at CDVDH1

(Center for Defense and Life of Human Rights)

Human Rights (Menschenrechte) consolidated as one of the key issues in Habermasian

thought and aims to the three most important issues for Habermas: Reason, Discourse and the
Public Sphere2.
Both human dignity as human rights have become, especially since the events of World
War II, fulcrums themed decisive and challenging the normative thinking of national states.
Proposals deontological or consequentialist, "almost" always irreconcilable with each other,
applying as possibly cope with these two issues in question, but both agree that within
democratic societies no longer fits the violation of human dignity as well as the non-
observance of human rights that are anchored in fundamental rights. As sources of normative
reasoning evoke the concepts of democracy and the understanding that has been about dignity
and what is human rights. Apart from the difficulty in conceptual size of such concepts and
reference exemplifying the activities affirmative Center for the Defense of Life and Human
Rights (CDVDH), located on the city of Aailndia in Maranho, it is possible to think from
the point of view philosophical, in a political philosophy able to answer, if not fully, because
here it is not an idea redemptive / absolute, but at least as a guide to practice, the problems
find out in current societies who break here and there, life in its broadest sense or strict. Thus,
taking as experiential leitmotiv of our research program activities CDVDH on the theme of
human dignity, developed on Habermas' thinking, introduce the concept of Menschenwrde
(human dignity) as the central point of our reflection (1). From there, the concept of dignity
requires that same thought, the notion of human rights as a theoretical anchor point (2). In
considering the above points (1 2) as enforceable conditions of this reflection will present
the three elements of Habermas' proposal regarding the establishment of the democratic order,
namely (3): the free communitarization legal entities; action capacity of collective
organizations and, finally, the medium integration of civil society that presents itself as civic
solidarity.

1 The Center for Defense of Life and Human Rights is a non-governmental, non-profit, created in
November/1996 in the city of Aailndia (MA) with the goal of defending the dignity of the human person - life
- and to promote, as a corollary their program activities, the effectiveness against human rights violations. In:
<www.cdvdhacai.org.br>.
2 HABERMAS, Jrgen. Entre Naturalismo e Religio: estudos filosficos. Traduo de Flvio Beno
Siebeneichler. Rio de Janeiro: Tempo Brasileiro, 2007. 400 p. (Biblioteca Colgio do Brasil 14)
 We know that, for Habermas, his long research activity has three fundamental questions:
Reason, the Public Sphere and Discourse (Between Naturalism and Religion). In this sense,
his recent paper entitled Zur Verfassung Europas (On the Constitution of Europe) brings these
three aspects of his practical philosophy. In it, the concept of human rights is presented as a
primary condition "subject as an inclusive political community" 3 and that, in turn, relates to
the active participation of citizens in the democratic process - defined here also the formation
of public opinion and the will as well as making decisions for certain purposes - the rule of
law. On the other hand, there is also the assumption of national sovereignty as so fundamental
principle of democracy in the post-secular, however, Habermas believes that without the
process of transnationalization of sovereignty (Transnationalisierung der Volkssouvernitt),
the democratic state itself backfires in his project of legitimation before the social-political-
economic. In an attempt to postulate ethical-normative criteria, based on the use of
communicative reason, on the one hand, and on the other, such criteria have philosophical
imprint as 'Hintergrund' the Kantian legacy, Habermas unravels in Zur Verfassung Europes
three aspects the challenges of transnational democracy, namely: communitarization
(Vergemeinschaftung von Rechtspersonen) of legal entities (which grants rights to citizens in
terms of being free and equal), the capacity for action of the collective organizations
(Kompetenzverteilung die im Rahmen einer Organisation) and finally, the medium integration
of civil society.
4
In Zur Verfassung Europas (On the Constitution of Europe), Habermas offers some
clues to the consolidation of a Constitution able to reorient society given the signs of
emancipation or not, as he affirms the "pathologies of reason." To this, he said, is necessary to
think from the point of view of the state government form in transnationalization of
democracy. The term transnationalism, for Habermas had been used, for example, in the
5
series "Political Writings" titled Ach Europa and it is the assertion that the public sphere
cant be self-centered, or the other way, at the level of the national state however, it takes
6
"destranszendentalisiert," that is, make it transnational (this concept reveals not just an
"extension" or expansion of democracy in nation states, but the construction and consolidation
3 HABERMAS, Jrgen. Zur Verfassung Europas. Berlin: Suhrkamp Verlag, 2011. p. 36.
4 Habermas speaks of the Constitution in the normative sense of the word and not merely about the formation of
democratic state
5 HABERMAS, Jrgen. Ach Europa: Kleine Politische Schriften XI. Frankfurt am Main: Suhrkamp Verlag,
2008. 191 p.
6 HABERMAS, Jrgen. Kommunikatives Handeln und detranszendentalisierte Vernunft. Stuttgart: Reclam,
2001. 87 p. In this text, the concept of detranszendentalisierung has two aspects: on the one hand, the
integration of individuals socialized in the context of the world of life, and; secondly, the intersection
(Verschrnkung) cognition with speaking and action. We note here the legacy of communicative action - the
project of universal pragmatics - like the tone of philosophy practice (praxis).
of moral and normative criteria that enforce the principles democratic). This constant quest to
actualize democracy is that Habermas suggests conceptually as "realistic utopia of human
rights" (realistische Utopie der Menschenrechte). For Habermas, the feasibility of the
program of human rights depends precisely on the design that has about the dignity of the
human person.
Taking as reference the essay Zur Verfassung Europes, we want present, in this research,
Habermas' concept of dignity of the human person (Menschenwrde) centered on a strong
democratic conception of "human rights" which, in turn, implies also the triadic classification
above ilustrated. There is a sentence about the notion of human dignity (Menschenwrde)
which Habermas defines it as a seismograph that indicates what is constitutive for
democratic order which are precisely the rights that are granted to citizens of a political
community and, therefore, they may consider each other as members of a voluntary
association of free and equal (Habermas, 2011, p.21)
Habermas says this concept accurately the Kantian legacy in regard to the subject's
volitional act. Could differentiate and we reference it in the philosophical tradition - the
concepts of dignitas and persona, but the concept of metaphorical way above indicates much
more than textually presented as the democratic state it is not for lack of human dignity and
must necessarily be diagnosed by fundamental rights. Now, this is exactly and precisely
empirical normative diagnosis that both human dignity as human rights establish a link up
thematically regarding the inclusion of citizens to a particular political community. This
"association rules" is not opposed by Habermas, but he points to the following question:
"What is the moral sense of inclusion?" Where each would be respected as equal subject (s)
Law (s) for their human dignity. This question is put to the tense relationship between
universal human rights and civil rights individuals (partikularen Brgerrechten). The
argument is that arise in international relations, the moral obligations between states (and
citizens) from a systematic interdependence of increasing global society. It is from this point
that the resulting claims inclusive of reciprocal dependencies interactions. In short,
 the concept of human dignity transfers the contents of a morality of mutual
respect for all citizens on the condition that [first] create their dignity
(selbstachtung) and [secondly] that all other citizens are recognized as
subjects of equal rights (HABERMAS, 2011, p. 26)

The content of seismographic human dignity is reflected above all in the freedom or the
use thereof. In any case, even the freedom, the reason is as paradigmatic foundation
philosophical; therefore designed logocentric character from the subject allows, volitionally,
ascribe to freedom one normative foundation. It is in this sense that Habermas defines
freedom as "the ability of people to rational self-legislation" (Habermas, 2011, p.29), and then
in the allocation and use of freedom as the faculty advisor to praxis, it features three
conditions for the establishment of democratic order.

1 The Constitution of a community of legal entities

Indeed, for Habermas, the essence of a democratic community is in the process of

"communitarization" (Vergemeinschaftung) to legal entities which grant rights to themselves
in order to secure civil autonomy, so the democratic rule of law is not enough to have the
concept of the person as an entity purely ontological, but above all we must finish the legal-
normative subject to constitutional guarantees that you are feasible.

2 The 2nd question is about the capacity of action of social organizations

Means to say that the division of powers in an Organization - institutionally speaking -

must ensure the ability of citizen action. Habermas insists that democracy should contain an
epistemic dimension that is given by the relationship between empirical and normative theory
(Ach Europe Small Political Writings XI). In this sense, a recent interview given by Habermas
himself Der Spiegel and the struggle for recognition of the rights CDVDH (in Aailndia-
MA) become elements of that question exemplifying.
In this interview, at the 1st paragraph brings an adjective unusual for Habermas, "sharp"
(Sauer). Yes, at the beginning of the interview, there is the claim that Habermas is "so sharp
that he seems to see the building fall constitutional right before your eyes." He "adjures
(beschimpfe) political parties because they [according to Habermas] has no ability to change
the current situation"7. Even with such a position, where the democratic state - democracy as
such - is facing "a crisis of a systemic and functional" - it is still possible to think about the
effectiveness and consolidation of democracy in the face of systemic imperatives that, turn
degrade the life world, namely personality, society and culture. In short, both the order as a
phylogenetic as ontogenetic lived in the world. For practical effect of the mobilization of civil
society before the systemic mechanisms of power are some examples: The Greece as well as
other national states of the European Union in crisis become current example of this
momentary inability of state management before the systemic order. We could not forget the
constant struggle of ANDES and other entities for serious public policy for education, it is not
possible to conceive of only 2.89% of the Federal Budget in 2010 for education is sufficient.
A perfidious plan that the government says it is not possible to allocate 10% of GDP to
education by 2023 according to the Bill 8035/2010, for "strangle the economy." Of course this
logic "black hole" (as it consumes all that is around you) is not possible because it is
necessary to pay interest and repay the public debt was estimated at 44.93% of the funds of
the Union in 2010. In 2012 we had the "contained" to pay upwards of 383 billion dollars and
in 2013, to sixth, debt consumed R$ 406 billion which is equivalent to 51% of federal
spending. It's either "zero" to write before such account that preferred short. Would be a
"realistic utopia" review these criteria? We do not talk of a boycott, default or the like, but
does not hold the view of the government that things are well and ready, nothing to do. That is
why the joint capacity of civil organizations is essential in the exercise of democracy not only
for the clarification of these facts, but also an effective way to solve these same problems.
On the other hand, another local example of civil society action in the struggle for the
realization of their dignity and rights. Pressured by civil society organizations such as Center
for Defense of Human Rights and Life, MST, and Sintraf Fetaema after subsequent murders
with remnants of gunmen among them the murder of peasant leader Raimundo Head, the
Human Rights Commission (HRC) of the Legislative Assembly Maranho held on
11/05/2012, a public hearing on the gunmen in Maranho to find solutions to the problem of
banditry which arises mainly due to slave labor and land ownership. The event was held in the
City Council Buriticupu. Moreover, according to CDVDH, we also find the report on conflicts
in the field in 2012, the Pastoral Land Commission - CPT highlighting Maranho as the
second state with the highest number of murders in the field, the cases also involve
communities Maroons, indigenous, peasants and riparian. The report also indicates that the
Northeast region in Brazil as with most land conflicts, in which 46% of the total, followed by

7 Georg Diez. Der Spiegel. Habermas: Schluss Jetzt! Fevereiro de 2012.

the northern region with 29%. The same regional distribution was observed in relation to
conflicts over water, showing the linkage in these regions of disputes over these two vital
assets. Conflicts over water stand out in the states of Maranho and Bahia.

3 The Medium of Integration of a civil solidarity

The civic solidarity is important in the context of a program activity of a political

nature, since it is needed in three aspects: for the formation of political will, and from it, for
the production of communicative democratic power, and, finally, to legitimize the exercise of
power (Herrschaftsausbung). A caring attitude advocates a shared horizon of worlds where
life can be a communicative collective will (Wille kolletiver kommunikativ).
These three aspects highlighted above indicate the purpose of the democratic state
transnationally understood: "the formation of a global civil society" (Habermas, 2011, p.86).
The Kantian tradition is rescued here in relation to the theme of cosmopolitan society that
presents it not only as a world republic, but mainly as an association made up of citizens and
of a people (berstaatliche Assoziation von und Brgern Staatsvlkern) beyond the national
state. But these same aspects need to be understood not only in the transnational setting, but
also in the national context, for creating conditions to foster collective social bond civil
solidarity is not characteristic of a political situation of transnational character, but affects
mainly the nationality. To carry out the construction of this global civil society that
presupposes the locality as a fundamental element, Habermas believes that nation states
represented at the United Nations should develop among other elements:

1 A legal basis to constitute a Human Rights Policy

In this point argues not only precisely the normative content, but the principles that
underlie such content. Example of this process of forming a legal basis able to build effective
programs that counter an ideology contrary to human dignity and the rights that are granted
by corollary is the PEC of Slave Labor. The argument in this case lies in the discussion of
changing the classification of slave and degrading treatment contained in Art 149 of the
Criminal Code. One must remember that for the caucus content of PEC Labour slave is very
subjective because.
 reduce someone to a condition analogous to slavery, or subjecting it to
forced labor or exhausting journey, or subjecting them to degrading working
conditions, or restricting it, by any means, their locomotion due to debt
contracted with the employer or agent.

Seems to claim this assertion idealistically realistic legal since we are not talking about
people ... Given this opposite framework there is no doubt that it is necessary and not
contingent on building a legal basis for the policy effectiveness of human dignity as well as
their rights. Take into account that many workers are aided by CDVDH the lack of
recognition and enforcement of rights by the companies that hire them 8. For Habermas, a
policy of building-specifically enforcing rights and human rights just happens to have more
sense within a strong democratic conception of the public sphere. Yes, without the feasibility
of a project of democratic public sphere becomes difficult process to establish a legal basis
that is constitutive of human rights.
The Written Political XI also is developed in three parts, where the 3rd is entitled "On
the Reason of the Public Sphere." The 3rd part is divided into two: the 1st, Habermas argues
about the media, markets and consumers that make up the gist (Rckgrat) Politics of the
Public Sphere. In part 2, the starting point for Habermas is the question of empirical support
normative theory of democracy. In this sense, he presents a preamble about the notional
democracy - where is the element of the Public Sphere here - and then argues "way of the
decalogue" about the constitutional sphere that should take care of the legal protection of the
state. The modern democracy, for Habermas, gather three elements: autonomy of private
citizens who have the right to guide a self-determined life, a democratic civil society, and
therefore inclusion of free and equal citizens in the political community, a public sphere
independent policy linking civil society in the formation of public opinion and will. These
three elements the right to equality and freedom, democratic participation and power
(government) through public opinion are, in fact, the family of the Constitutional State.
Despite the fact that the fundamental difference, for Habermas, among liberal conception

8 Congressmen from Maranho try approve another project coping practice of slave labor in the State. The
Project of Law No. 078/2013, by Deputy Bira's Pindar propose that companies that benefit directly or
indirectly from slave labor will be prevented from exercising the same type of economic activity or open new
company in the industry for five years. For this, the company has canceled their taxpayer identification Tax on
Goods and Services (ICMS), which prevents its operation. The proposal by Deputy is the project to be approved
later this year. This is the second bill to be discussed by the Legislative Assembly of Maranho seeking to reduce
labor. In April 2012, the House approved a law that prevents the state government from entering into contracts
with companies that have made use of slave labor. Initially the law was vetoed by the government, but after
further analysis, in early 2013, was enacted by the Governor. See (CDVDH). Another project to tackle slavery.
Available <Http://www.cdvdhacai.org.br/14-exemplo-de-dados-artigos/228-bira>. Accessed 14 June In 2013.
(preference for the freedom of civil society) and design or republican tradition (the active
participation of citizens in the democratic process and in the formation of public opinion). It is
observed that the influence of philosophical articulation Kantian tradition.
According to Habermas, under deontological principles, we can identify procedural
elements for effective political public sphere:
The project is a State Constitutional protection of the rule of law through the private
sphere9:

a system of equal basic liberties for all citizens, which would simply be
restricted by the right of freedom of otherness (Kantian principle of law);
access (Zugang) the Court (s) (Gerichten) Independent (s) that confer (s) to
all the right to legal protection;
separation of powers between the legislative, executive and judiciary that
guarantees the unity of government to Right and Law.

The Constitutional Project also addresses the political participation of citizens through10

associations of equal rights, participation and communication for all;

elections and eventually periodic referendums on the basis of inclusive and
equitable right of election;
of jurisdiction between different parties, platforms and programs, and
the majority principle to decisions in representative entities.

The Constitutional Project looks the proper functioning of public sphere through 11

separation between state and tax-saving society (by which, in principle,

guarantees of individual economic freedoms not detrimental to neoliberal
economic situation,
freedom of the Press, Media and freedom of information, and
regulations that guarantee access (Zugang) mass and civil society to the
political public sphere as well as preventing the collection or tilt
(Vereinnahmung) sociopolitical and economic framework of public
communication.

From these considerations described above, Habermas is convinced that these three
elements - equal rights of freedom, democratic participation and government through public

9 HABERMAS, 2008, p. 140 141.

10 Id. Ibid.
11 Id. Ibid.
opinion - merged, in fact, the family of the constitutional state and, however, organized in
different traditions: the liberal tradition reveals a preference for the freedom of the citizens of
the state, while the republican tradition and emphasize the deliberative tradition, increasingly,
the active participation of citizens in the democratic will formation and the formation of
public opinion racional.
The political public sphere is therefore understood communicatively within an
understanding of the democratic rule of law, when there is legal protection - guaranteeing all
fundamental rights - and effective political participation. Indeed, the normative understanding
of the public sphere in Habermas postulates, preliminarily, the paradigm of a philosophy that
is not centered solipsistic reason, because that way, there could be a communicative action.

2 The Guarantee of Fundamental Rights 12

Habermas is convinced that one of the consequences of the liberal state is precisely the
guarantee that the state must guarantee its citizens, for it is not to exhaust the legal discourse
on fundamental rights guaranteed (Grundrechte), but to establish the existence of those rights
in a democratic state.
The Habermasian concept of Human Rights (Menschenrechte) and Dignity of the
Human Person (Menschenwrde) is not only in pure descriptivity or according Habermas at
the beginning of the text in a "seismography". It is necessary, however, to postulate, as it is
specifically the end of the text, the answer to the question, "Whence should come the
reasons?" for a normative policy. The solutions are not decisive, but consolidated as gateway
of a just society. In times of struggle for the recognition of these rights, "the willingness to
protest" (Protestbereischaft) is "neodymium magnet" that great "seismography policy" that
mediates between the descriptive and normative approach in the struggle for enforcement of
human rights and dignity of the Human Person. This provision not only to protest but also to
create conditions of life worthy reinforce far as fundamental challenge to the work of
CDVDH.

12 CANOTILHO, Jos Gomes. As Estruturas Subjectivas. Sentido e Forma dos Direitos Fundamentais.
In:_______. Direito Constitucional. 6. ed. Coimbra: Almedina, 1993. p. 495 572.
 REFERNCIAS

Aailndia (Maranho). Centro de Defesa da vida e dos Direitos Humanos.

Auditoria Cidad da Dvida. Disponvel em: < http://www.auditoriacidada.org.br>

BRASIL. Cdigo de Processo Penal. Vade Mecum. 5. ed. So Paulo: Rideel, 2008

CANOTILHO, Jos Gomes. As Estruturas Subjectivas. Sentido e Forma dos Direitos

Fundamentais. In:_______. Direito Constitucional. 6. ed. Coimbra: Almedina, 1993. 1255 p.

HABERMAS, Jrgen. Zur Verfassung Europas. Berlin: Suhrkamp Verlag, 2011. 129 p.

_______. Schluss Jetzt! Der Spiegel, Berlin, n. 47, 2011.

_______. Ach Europa: Kleine Politische Schriften XI. Frankfurt am Main: Suhrkamp Verlag,
2008. 191 p.

_______. Entre Naturalismo e Religio: estudos filosficos. Traduo de Flvio Beno

Siebeneichler. Rio de Janeiro: Tempo Brasileiro, 2007. 400 p. (Biblioteca Colgio do Brasil
14)

_______. Kommunikatives Handeln und detranszendentalisierte Vernunft. Stuttgart: Reclam,

2001. 87 p.