With modernity in crisis, criticizes the Enlightenment ideals and even the traditional notion of reason in check, began to seek a better understanding of reality, as an alternative to supply a growing social discontent due to the distance between the adminstrative decisions, including judicial, and actual desires of citizens. Among the proposals that combine the new democratic ideal context of the living world, the German philosopher Jurgen Habermas proposes a paradigm shift of Reason through a dialogical logic, transferring the notion of Practical Reason for a procedural spectrum, using as the indispensable tool communicative action, discourse and consensus among stakeholders; Moreover, it promotes a reconstruction of law and state, with the overcoming of the existing theoretical models - liberal and republican - and the formatting of a democratic state effectively, since it enables the participation of concerned in the creation of rights. In other words, Habermas betting on the success of the process, which is effective communicative interaction through an agreement discussed, debated and reflected on the basis of the reasons given by those concerned. Given this Habermasian line that involves the effective participation of citizens and civil society institutions, and the state itself, the formulation of rules and decision-making process arises, for some, the idea of this theory inapplicable because they understand that, according to the Brazilian reality mainly in relation to the educational deficit of the population, this idea would be impaired. The Collective Labour Law, as a branch of our legal system, promotes the overthrow of this premise inapplicability of proposed which adopts Habermas communicative action as an instrument to reach understanding, consensus of stakeholders, thus promoting a harmonious relationship between the validity and facticity of the norm. Important to highlight the coexistence of individual and collective interests, with no prevalence of simple will of the majority, but the best justified within the dialogical process will occur and guarantees the preservation of fundamental individual rights.