Vaza-Jato, modernity and the correlation between law and politics: is still law the medium between system and lifeworld?

Abstract

In this paper, we argue and correlate two points. First, in contemporary political philosophy and in philosophy of right, the axiological-methodological impartiality, impersonality, neutrality and formalism of and by public-political institutions, of and by social systems law and politics, is the only basis that guarantees (a) the anti-fascist, anti-totalitarian and anti-massifying character of institutions law and politics; (b) the separation, autonomy and overposition of social systems right and politics in relation to comprehensive doctrines of world from civil society, as well as the separation, autonomy and overposition of right – as final basis of validation of democracy in general – regarding to politics; (c) the control of fascist perspectives assumed by political-cultural groups raised in civil society; and (d) the foment and effectiveness of basic rights and liberties and of wide, inclusive and participative processes of social criticism, cultural recognition, political struggle and pedagogical praxis of and by different social-political subjects proper to civil society. Now, and that is our second argument, the “Operation Vaza-Jato” has showed to us that “Operation Lava-Jato” broke this fundamental presupposition that guarantees the Rule of Law, by weaken and even eliminating this institutionalist methodological-axiological basis. Thereby, it has correlated politics and moral with and as law, law with and as politics and moral, opening the door for the colonization of law by politics and moral, and, mainly, allowing that politics – now openly and blatantly assuming essentialist and naturalized perspectives as public-political legitimation of these institutions, of these institutionalized subjects and of social life – could instrumentalize law with political purposes. As consequence, no one has fear anymore – in fact people have proud, in current Brazil – to be fascist publicly, both institutionalized subjects and non-institutionalized subjects!