The paper analyzes some themes present in the conception of J. Habermas about democracy and State of Law. The author stands out mediated by his hermeneutics as a method the moral and political philosophy with which he reconstructs the State of Law in terms of Discourse Theory. Also, he interprets the conformation of the political community through dialogical rationality, which is why parts of the moments of his political theory are highlighted here to conceive law in a discursive perspective, mediated by dialogical principles to define procedural democracy. This justifies the communicative idea of the State of Law, a question that finds counterexamples in those democratic systems only formal.