Argumentação, valor e democracia

o Direito como integridade revisitado

Abstract

This essay revisits Ronald Dworkin’s theory of “law as integrity,” highlighting its evolution after Law’s Empire and the role of value as the foundation of normativity. By integrating morality, ethics, and law, Dworkin proposes a reading of the legal system as a practice of moral and democratic justification. The text engages with Jürgen Habermas and discourse ethics, emphasizing the need for coherence and public justification in legal and political decisions. It also analyzes examples from the Supreme Federal Court and the influence of integrity on the Brazilian Code of Civil Procedure, defending it as an institutional and ethical virtue essential to democracy. It concludes that integrity is a condition for rebuilding a community of principles founded on equality, dignity, and justice.