A dialética e a legitimação da conciliação juslaboral na perspectiva da teoria do agir comunicativo: implicações na cidadania

Abstract

Habermas' concept in the sense that society emancipates itself by the ability of reaching rational consensus through argumentative processes raises the reflection on the practical incidence of this understanding in the conciliation of labor disputes, celebrated under the principles of humanism in the judiciary, because it is based on the valorization of the human being, that is, in the behavioral paradigm that enables the discursive formation of the will, generated by the forms of negotiation and decision, guided by respect, consideration and free expression, in the public space of power. This thought becomes plausible because, in addition to validating the understanding since the externalized agreement emanates from the effective participation in the solution of the question, it basically depends on the appropriate communication that under adequate conditions allows the theoretical abstraction to be materialized, contributing, thus, for social modernity. Seeking this pragmatism in labor disputes, by the indication of the legislation in the sense that the agreement between the parties is the best way of solving the demands, the procedural conduct that materializes the hypothetical orientation is analyzed. As a result, the circumstances of conflicts and communication in their multiple aspects are examined as a means of achieving the legally established purpose. Through this line of reasoning, we consider the communicational model that provides the explanation of aspiration and interaction, as well as the forms of procedure to achieve the ideal speech situation, which enables impartial dialogue, seeking in this way to neutralize manipulation, imbalance and dissatisfaction. To eliminate these weaknesses, the assumptions that legitimize the agreement are presented, according to the methodology of the theory of communicative action, which constitutes a type of social activity characterized by the use of speech acts guided, symmetrically, by understanding. The consensus and its ratification, through theoretical contributions, results in the realization that it came from dialogue, which provided a beneficial solution to all those involved in the deliberation, guided by the behavioral modality that also considers the feeling, for the involvement in the decision, since meeting the financial need pertains to the objective aspect and the intimate satisfaction includes the subjective aspect, a binomial that needs to be observed for the full exercise of citizenship.