Cidadania e identidade no estado democrático de direito: acerca da inclusão política do imigrante

Abstract

This paper discusses the inclusion of the immigrant in democratic political contexts. It aims to demonstrate that the proceduralist paradigm of law, proposed by Jürgen Habermas, offers the formal conditions required for Marcio Renan Hamel Jelson Becker Salomão PHILÓSOPHOS, GOIÂNIA, V. 25, N. 1, P.213-236, JAN./JUN. 2020. 234 the solution of the tension between political citizenship and national identity generated by the phenomenon of migration. Habermasian model aims to ensure, through the reflexive structure of law, the inviolability of the person and the ethical neutrality of the Democratic Constitutional State. Nevertheless, although Habermas had grounded the Democratic Principle on the idea of intersubjective recognition, he has not made fully explicit its normative content. Given that the idea of recognition may be interpreted in a purely descriptive sense, we argue that the plausibility of Habermasian proceduralist model depends on a conception of recognition as a moral posture that affirms intrinsic value of a person or group of persons.