DISCURSO SOBRE A LEGITIMIDADE DO ORDENAMENTO NÃO JURÍDICO

Abstract

The objective of this work is to investigate democratic legitimacy, specifically with regard to the legitimacy of non - legal systems. In order to do so, it is initially intended to present Pierre Rosanvallon's theory of legitimacy, the theoretical framework of this work, as a way of demonstrating that democratic legitimacy arises not only from the form of investiture in a particular position, but also from the way the Power is exercised. At this point, we work with the notion of impartiality, reflexiveness and proximity, indispensable elements that guide and structure work. In the sequence, it is intended to give special attention to the figure of legitimacy by proximity, showing how this characteristic of the form of exercise of the Power contributes significantly to that it is perceived as legitimate. It is the recognition of the otherness incorporated into the legitimating process of the legal order as well as its consequence before the normative non-construction based on the recognition of otherness. As development, an analysis will be made of situations in which the legal system loses its legitimacy (due to lack of proximity), opening space for parallel ordering to become more effective and legitimate. In this scope, it is verified the process of configuration and structuring of the society when it perceives that state impositions are not able to modify its reality, and that the distancing is a factor that contributes to a utopia of state legitimacy. Finally, some comments will be made about how the legal system can regain its legitimacy, by increasing the feeling of closeness with stakeholders.