La Era de la Justicia* Derecho, Estado y límites a la emancipación humana, a partir del contexto brasileño

The article analyses the current Rechtstaat in connection with the rediscovery of the value of the justice, produced by the Philosophy of Values, characteristic of the XXth century, witch neokantian and idealistic thought will have a significant impact on Law. The justice arises like the symbolic centre of the experience of Law, assuming axial paper in his processes of building and application. In the frame of the called Iusphilosophycal School of Minas Gerais, research the interfaces (obviously interdisciplinaries) between the juridical and the ethical. Retaking the justice, we have finished building the experience of the Empire of the judges, in the phenomenon called judicialization of politics. The big risk of the Era of the Justice is depoliticize the nomos and the Ethos, as it happens nowadays in Brazil. In this sense, we shall assume the necessary econstitucionalization of Brazil, to prevent the strengthening of the autocratical judicial prerogatives and well like this the progressive emptyness of the political, of the ideological and of the democratic. We affirm that a culturalistic understanding of Law will be able to struggle against the desideologization of the State and recover the ethical dimension of Law, without despoiling his politics and historicity.