The present work aims to problematize the topic of the social pathologies and their more general consequences for the Law and, more specifically, the Constitution; highlighting how the corrosion of certain instituitional qualities, typical of the legal system, contribute to a scenario of constitutional misbelief and major conflict. The delimitation of our object is guided by the critical theory of society,as worked by Axel Honneth. This presupposes, in another way of reading, a dialogue with the discourse theory of law and communicative action worked by Jürgen Habermas. Thus, due to methodological limits, the focus covers the work – Freedom s Right, which does not mean the abandonment of all the author s critical fortune, precisley due to the presence of unexplored paths and possibilities, which help through a reading of his recent production in a retrospective fashion, to define a more thought-provoking diagnosis of time. In effect , the central argument suported in the present work assesses how the institutional degradation of law and the Constitution have repercussions on the spheres of symbolic and imaginative reproduction; fundamental elements for the recognition and configuration of an authentic will in a inseparably intersubjective context.