Much even so the positive law is a right established in the alternating decisions of a legislator politician, it, the positive law, each time has covered little the necessities of the legitimation, appealing to the tradition or the eticidade, which forms in them throughout the life. 1998 are known that the classic natural law, since the Aristotelian tradition and of the Christian natural law, had entered per century XIX, in whose reflectia period if, in the HABERMAS optics, (: 160) one: ' ' Social Ethos Global' ' , that it penetrates through the distinct social layers of the population and ties to the diverse orders sociais.' mutually; ' Not being, however, the rights of the man and the beginning of popular sovereignty, the only ideas to justify the modern right, will be glimpsed, certainly, others two dimensions that if become excellent in the process of constitution of a plural society that they have to see with: the self-determination; the autorealizao. With effect: it enters the Rights of the Man and the popular sovereignty, on the other hand; the two dimensions, for another one, cannot, surely, establish a linear correspondence. Between both the concepts give affinities that can be accented more or less with force. The traditions actuais politics in the United States, call them HABERMAS (1998: 164) of: ' ' liberal and republican and they understand on the other hand the rights of the man as expression of moral self-determination, on the other hand, the popular sovereignty as expression of the autorealizao tica' '. The system of rights constructed by Habermas and that it will lead, after all, to one better understanding, acceptance and fulfilment of the human rights, has to balance itself in the private autonomy and the public autonomy of the citizens, because according to thinking (1998: 184): ' ' Such system have-of containing, necessarily those rights that the citizens have-of granting themselves reciprocal and regulating its convivncia in legitimate terms with the ways right it positivo.' ' is interesting to verify the importance that the subjective or natural rights have in the modern legal systems.