A normatividade da teoria republicana da justiça

Abstract

The normative basis of the republican conception of justice is freedom as non-domination. This concept of political freedom comprises social relations in equality of power. Non-domination represents the social condition of not being submissive to the capacity of arbitrary interference of others. Republican freedom presupposes the development of human capabilities in their fullness. The potential for human capacity development must be protected by the legal structure of the State. The State has the function of equating the differences of individuals' assets and resources with their institutional structure. It acts to offer the necessary conditions, rights and basic liberties, to individuals in their social and political life. The Republican perspective of Philip Pettit leads to the normative deduction of republican liberty and to demonstrating that the theory of justice has to presuppose the resources necessary for the development of human life in its condition of equality and freedom. The democratic structuring of society presupposes the establishment of social relations that are characterized by the social status of non-domination.