Legitimidade e representatividade: uma discussão a partir da ideia de ‘Bem Comum’ em John Finnis.

Abstract

The present research investigates the motivation for legal follow on legitimacy and representativeness - two pillars of the current democratic institutions - proposing its analysis based on the concept of natural justice as approached by John Finnis. This proposal presents the challenge of contrasting different currents of thought and proposing them points of teleological unity. The questioning of why a free and autonomous person limits himself is better justified from the community understanding brought from the conceptual corollary of jusnaturalism and the common good than from the simple structural arrangement of the currents traditionally created in the Brazilian socio-political consolidation. Recognizing the impossibility of denying the concepts already ingrained, this study enter the Finnis’ proposal by understanding the individual, the community, the human flourishing, the state organization and its authority, and the role of the common good in this closely related relation. Sedimenting these concepts, essential points were presented that, although they depart from the tradition of natural law, it is necessary to understand the reality on which research is launched, understanding the Brazilian formation of the concept of representativeness. Finally, boldly, the paper points out links and points of convergence that allow the adoption of the internal theoretical structures that are stronger in each proposal, in order to allow a wider and more secure understanding of community and individual development from the understanding of the mutual dependence between them.