JÜRGEN HABERMAS AND ANTONIO CARLOS WOLKMER: SOME CONTRIBUTIONS TO CRITICAL THEORY OF LAW

Abstract

This article explores Critical Legal Theory, an approach that seeks to understand and transform contemporary law by considering the social, political, economic and cultural factors that influence it. The emancipatory perspective of this theory stands out, aiming to promote social justice, equality and human dignity. This research emphasizes Jürgen Habermas' theory of communicative action and Antonio Carlos Wolkmer's legal pluralism. Both theories converge in their critique of state monism, highlighting the active participation of society in the construction of law and the emancipatory objective of overcoming inequalities. To this end, a dialectical methodology was used, focusing on the study of the ideas developed by these two authors that contribute to a critical and contextualized approach, promoting a broader and more inclusive vision in the contemporary legal debate.