Democratic law as anti-fascist, anti-totalitarian, non-fundamentalist and anti-racist perspective

Abstract

We will argue in this paper about three points. First, democratic law constitutes itself as an antifascist, anti-totalitarian, antiracist and non-fundamentalist perspective that has in the original correlation of human rights, pluralism-diversity and/in/as/by law its core of foundation and sustaining. Second, emerges from here the ontogenetic primacy of law in relation to politics and morals, with the consequent necessity of full translation of these in that. Third, the juridification of power and the judicialization of politics, as fundamental phenomenon to constitution, reflexivity and development of Western modern societies, leads to the need of positivization of universalistic themes and values proper to democracy, in a process of constitutionalization of power that puts exactly the Constitution as the directive ground of integration, inclusion, recognition and participation of all and among all in democratic life, pointing to the centrality of due legal process, to the effectiveness of fundamental rights and guarantees, and to the improvement of the structuring juridical-political mediations as an unsurpassable condition to the evolution of this same democracy and in terms of combat to all forms of discrimination, invisibilization and violence still existing. In this sense, universalistic and pluralist democracy constituted as a public system of law is streamlined as a form of self-controlled, self-reflexive and self-corrective form of production of universality in/as/by legality.