Direito e justiça na jusfenomenologia de Gerhart Husserl

Abstract

It is to demonstrate that, in the phenomenology of Law by Gerhart Husserl, the idea of justice is thought as the intrinsic rationality of the juridical phenomenon, and, thence, shows itself as the fundamental criterion that allow us to evaluate any possible right. Thus, the right is situated in the practical-rational domain, and, as such, when become effective, put in question the communitarian project of a reasonable life. The idea of justice, reckoned as an essential equality between people arises like the goal of all the right, like the measure around all the system must to be articulated. It aims to indentify the specific themes of the phenomenology of Edmund Husserl and of the thinking of Martin Heidegger that would have influenced the construction of the gerhartian jusphenomenology. Thus, from thinking about the phenomenological matrix, the relationships that be established between right and justice would be verified, conceived in the context of history and the condition of being-in-the-world, what the man always is.