Navegando por Orientadores "PINHEIRO, Victor Sales"

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Os Direitos humanos segundo John Finnis e as críticas desde as concepções tomistas e não tomistas internas à tradição do direito natural clássico
(Universidade Federal do Pará, 2021-02-19) MACHADO, Ayrton Borges; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529; https://orcid.org/0000-0003-1908-9618
This master thesis presents a critical investigation about the John Finnis human rights concept, and how much it really remains aligned to the foundations of the classic natural rights tradition. The research focus, therefore, consists of analyzing the reasons, problems and advantages of Finnis theoretical choices regarding human rights, his approximation to the referred tradition, as well as his distance. The criticism on Finnis is carried out on three levels. First, a critique of thomists who are receptive to human rights, notably Ralph McInerny, Anthony Lisska, Henry Veatch, on the issue of naturalistic fallacy, the need of ontology and the relationship between human rights and philosophical anthropology. The second is a criticism from the thomists not receptive to human rights - Villey and MacIntyre - about the need to be more critical about the language of rights and human rights. The third is a criticism from non-thomistic jusnaturalists, Leo Strauss and Eric Voegelin, about the need to understand natural rights more profoundly, based on the symbol to what is by nature just, as well as to deep the relationship between natural law and definition of the complete community. Each criticisms endeavors to show the classic conception of the tradition of classical natural rights, in order to confront Finnis positions on his conception of human rights, and how much it sometimes challenge conceptions of the mentioned tradition.
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O Embrião humano como pessoa humana: o argumento ontológico como fundamento da dignidade pessoal e do direito à vida do ser humano não nascido
(Universidade Federal do Pará, 2020-09-15) LOBATO, Samuel de Jesus da Silva; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529; https://orcid.org/0000-0003-1908-9618
The dissertation presented now aims to demonstrate the ontological argument with the aid of the Natural Law, combined with the embryo's right to life. The problem faced by this proposition is that human personality implies rights to the unborn child, which, if taken from an ontological perspective, causes a change in the way the human embryo is treated, especially in the question of the right to life. As premises to do the ontological argument analysis, the embryos biological nature is put to the test, specifying many points of its natural evolution of a monocell bean, passing thru the cell divisions and emphasizing the first three weeks as indispensable to a better understanding of the human nature. Later, the ontological argument is put into a natural law context although it is not binded to it. This concept implies in a intrinsic dignity between all humans being, no matter his color, race, social class, sex or development stage, being, therefore, versatile for adapting to any person and restrictive for not allowing subjectivities that can funnel the human right to life. Finally, it will be observed how Brazilian legislation, in general, deals with the unborn, and the repercussions caused by international decisions that somehow undermine the intrinsic personality present in all human beings. It will, at last, bound the points and arguments made across the paper in a way that focus the importance of the recognition of the human personhood to all human beings, showing, if is convenient, the possible risks witch came within the denial of the ontological dignity of the human person. It is also emphasized that the methodology used will be, mostly, bibliographic review and analysis of legislation and arguments that refer to the issue of embryonic life.
Acesso aberto (Open Access)
A fundamentação ética dos Direitos humanos em Tomás de Aquino: pessoa humana, bem comum e Lei natural
(Universidade Federal do Pará, 2017-03-09) SOUZA, Elden Borges; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529
In analyzing the contemporary legal and political discourse we can conclude that one of the central elements is the concept of human rights. These rights have become a central element in the main current discussions. However, when we carry out a more detailed analysis, we conclude that there is not a sufficiently dense concept to justify all the proposals anchored in them. On the contrary, they have made such a vague element that it is possible to sustain any pretense in them and, consequently, to deprive them of any content. In this context, the present work starts from the hypothesis of research that the ethics exposed by Thomas Aquinas can provide an adequate way to justify these rights. Thus, the central objective of the current research is to analyze the extent to which Thomist ethics can support the concept of human rights. The research is a bibliographical one, turning to the works of Thomas Aquinas and his main interpreters – those that, in some way, allow to discuss the research problem, like Finnis and Hervada, among others. The dissertation was organized from three axes, which form three chapters: the presentation of the conceptual problem of human rights; the analysis of Thomist ethics from its distinctive concepts and related to these rights; finally, the relation between Thomist ethics and the foundation of human rights.
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Razão prática e o bem humano básico do casamento: lei natural, bem comum e direito
(Universidade Federal do Pará, 2018-05-29) PEREIRA, Dienny Estefhani Magalhães Riker; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529
Analyzing current political and legal debates concerning family law, we find at its core a much controversial and rich dialogue regarding the concept and characteristics of marriage. A dialogue which has been much impacted by the New Natural Law Classical Theory’s arguments grounded in a reinterpretation of practical reason and marked, amidst other elements, by a rejection of the restrictive humenian conception of human reason. Nevertheless, this position is still scarcely known in Brazil with limited bibliographical material in Brazilian language. Baring this in mind, the goal of this work is to present the neoclassical doctrine on marriage as a basic human good contextualing it within the broader scope of practical reason, and applying some elements of political philosophy and jurisprudence. The research is all based on bibliographical material, specially the works of John Finnis, Germain Grisez and Robert George. Marriage, notwithstanding, has been particularly analyzed in Finnis’ thought. This dissertation is organized in three main axes, which are equivalent to each of the three chapters here presented: firstly, we present the New Natural Law’s metaethical and normative foundations, which, being the most fundamental basis of the arguments thereafter, is also the most dense chapter; secondly, we analyze the doctrine of marriage as a basic human good particularly in Finnis’ thought; finally, we discuss possible unfolding conclusions, problems and responsibilities to political community and legal reasoning.
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Teoria naturalizada do Direito: um debate metodológico com Brian Leiter e seus críticos
(Universidade Federal do Pará, 2017-02-13) BRITO JUNIOR, Valdenor Monteiro; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529
The objective of this study is to discuss the methodology and ontology of general jurisprudence, whose aim is to elucidate the ontological nature of the Law, considering a defense of the naturalized jurisprudence. In opposition to the conceptual approach prevalent in contemporary legal theory, focusing about conceptual analysis and resource to intuitions, some theoreticians have accept empirical approaches that resource to sociological and anthropological insights to advance our understanding about the nature of Law. Among these empirical approaches, there is the defense of the naturalization of the general jurisprudence by Brian Leiter, discussing the Quine’s methodological naturalism whose point is the continuity between philosophy and science. The naturalized jurisprudence is founded on the resource to the conceptual schemas that are presupposed by our best scientific theories about the social human behavior for advancing the discussion about the real nature of Law. The criticism against these naturalized methodology and the limits of the Leiter’s version for naturalized jurisprudence are discussed and, in order for answer and/or account these objections, I propose a modified version of naturalized jurisprudence that it is more robust than the Leiter’s one, because it begins from less controversial premises and it conforms to contemporary analytic metaphysics and social ontology.