A relação entre direito e política em Hannah Arendt

Abstract

Based on Hannah Arendts thought, we try to comprehend the tension between constitucionalism and democracy, law and politics, trying to shown how stability and motion, continuity and rupture, appear connected and reciprocally dependent. The concept of the political as plural action in Arendts thought take us to the demands of liberty and equality, to a normativity that, instead of being an obstacle to the government of the living, it forms, rather, the condition of possibility of its own existence. In addition, we emphasize the necessity to transcend the origin, the moment of inauguration of a Republic, in a continuous re-creation of the political and the juridical, with the intention to keep alive in memory the experiences of our founding fathers. In summary, we think the subject of foundation beyond its own myth, the hero creator of a perfect work, seeing it as a process that perpetuates in time, not immune to falldowns and stumbles, because of the unpredictability inherent to all political action.