Democracy and deliberation
| Autor | Rubens Becak |
| Ocupação do Autor | PhD in Constitucional Law. Associate Professor at University of Sao Paulo at Faculty of Law and Ribeirao Preto Faculty of Law.Secretary-General of University of Sao Paulo |
| Páginas | 3097-3115 |
Special Workshop: Law and Democracy • 3097
Democracy and Deliberation
Rubens Becak1
Abstract: Day to day we are faced with the constant use of the term democracy, a
concept which put as a natural system has been perceived like an obviousness in
the last two centuries or two centuries and a half. It’s conducted us to a misper-
ceivingthatinslowevolutionbecameanonaackedpoliticalpostulated
In this path, with the absolutization of the idea and the ideal the real inves-
tigation of the correspondence of legitimacy between the representatives and
the represented have been lost. It has been said whether that, on one hand the
traditional forms of political representation survives, on the other hand its le-
gitimacyhas constantlydecreased andits eectivenessdeclined Inthis way
the use of the so called “deliberative democracy” has increased substantially.
Amongthevariouspossibilitiesinthe searchforthe llingofthe spaceofthe
legitimacy left opened, many possibilities have been developed and worked on,
such as the redesigning of the representation through the electoral process or
partidary improvement, proposals for boosting the digital use, the adoption of
“digital” democratic model and many others. Without ignoring the value, ap-
propriateness and timeliness of countless strands of discussion of the problem,
weprefertosituateitintheeldoftodaysdiscussionsproposalsofdelibera-
tive democracy, as an increase in what we have for “democratic optimization”.
Keywords: Democracy; Legitimacy; Deliberation.
Introduction
This paper, assuming as truthful the rather common assessment
in the work criticizing democracy of the need for optimization thereof,
does not intend to enter the realms of discussion of the advantages that
verify that.
1
PhD in Constitucional Law. Associate Professor at University of Sao Paulo at Faculty of
Law and Ribeirao Preto Faculty of Law.Secretary-General of University of Sao Paulo.
3098 • XXVI World Congress of Philosophy of Law and Social Philosophy
Nor does it intend to discuss the advantages of this form of exer-
cise of power over other regimes, which might be a prerogative of Politi-
cal Science.
NoAddressingitinadierentwaywestartfromtheassump-
tion of excellence thereof, and the unfeasibility and implausibility of its
alteration as the ideal system.
In spite of being a relatively recent phenomenon, democracy
seems to have achieved a “historical victory over alternative forms of
governanceevenwhengivingrisetoaseriesofdierenttypes 2
Theexistenceof democracyand itsgloricationas apostulate
are sometimes seen as obvious phenomena. Ross Harrison says that
Democracysurroundsusliketablesandchairsandtheairwebreathe
normally totally taken for granted.”3
However, if democracy is this “obvious”, this “natural” system
that is expected to be found in the political environment, why then this
strangesensation whenforexamplewendourselvesfacetoface
withLincolns historicalphrasethatconciselydened itas agovern-
ment of the people, by the people, for the people?”4
The considerations on each of the assurances contained therein
certainly give rise to a great deal of questioning, if not contradictions in
our cores.
Among critics, some are so categorical that their manifestations
are on the verge of acidity: “Contemporaneous democracies seek for a
new spirit, new grounds. The classic forms of political representation
survive however their legitimacy diminishes and their eectiveness
declines. The power of the representative institutions is corroded all
over, its authority fallen and its capacity of imposing distinct solutions
2
HELD, David. Democracy: from city-states to a cosmopolitan order? In: HELD, David.
Prospects for democracy: north, south, east, west. (Ed.). Stanford: Stanford University
Press, 1993. p. 13.
3
HARRISON, Ross. Democracy. London, New York: Routledge, 1995. p. 1. Find as
follows the original text: “Similarly, we agree that democracy is a good thing and that
political system inside which we currently operate is a democratic system. Democracy
surrounds us like tables and chairs and the air we breathe, normally totally taken for
granted.”
4
BONAVIDES, Paulo. Ciência política. 10. ed. São Paulo; Malheiros, 2001a. p. 267. See
also CARNEIRO, Rommel Madeiro de Macedo. Teoria da democracia participativa:
análise à luz do princípio da soberania popular. In: Revista jurídica. Brasília. v. 9, n. 87,
Oct-Nov. 2007., p. 25-34. Available on : tp://www.planalto.gov.br/ccivil_03/revista/
revistajuridica /index.htm>. Access on Nov 25 2011., p. 26.
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