The System

The system of rights defended by Habermas, have-of containing, exactamente, the rights that the citizens have that to attribute themselves and to recognize themselves, mutually, if wanting legitimately to regulate its convivncia with the ways it positive law. In the truth, the perspective Habermasiana (1998: 188): ' ' The meaning of the expressions: ' ' right positivo' ' ' ' regulation legtima' ' it is clearly and with the concept of legal form, which stabilizes social expectations of behavior in indicated way, and the beginning of the speech, whose light if can examine the legitimacy of the norms of aco.' ' Habermas introduces, then, three categories of rights that integrate the code that is the right of being able, the status of legal people (1998: 188): ) ' ' Basic rights that result of the development and configuration politically autonomous of the right in the biggest possible degree to help subjective freedoms of share; b) Basic rights that result of the politically autonomous development and configuration of the status of the member of the voluntary association that is the legal community; c) Basic rights that result directamente of the accionabilidade of the rights, that is, of the possibility to legally complain its fulfilment and of the politically autonomous development and configuration of the proteco of the rights individuais.' ' It is, therefore, from those basic rights: equal subjective freedoms of share; status of the legal community and proteco of the individual rights that emerge the essential rights, to participate with equality of chances in processes of formation of the public opinion, in the common will of the citizens in exerting its autonomy politics, by means of that they establish legitimate right. The rights politicians establish the status of free and equal citizens, who they constitute self-reference, making possible to the citizens to change its position legal-material; with the purpose to interpret, to develop and to configure, by means of the exchange of its private autonomy and its public autonomy. .

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