Navegando por Autor "PINHEIRO, Victor Sales"

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A autoridade dos direitos humanos entre autonomia e bens básicos: o debate filosófico da teoria da lei natural de John Finnis com o positivismo liberal de Joseph Raz
(Escola da Magistratura do Rio Grande do Norte, 2020-04) PINHEIRO, Victor Sales; MACHADO, Ayrton Borges
This research explores the normative concept of human rights by summarizing the debate between the natural law theory of John Finnis and the liberal positivism of Joseph Raz, two of the most relevant analytical theorists of contemporary jurisprudence. To follow this debate, the article presents and criticizes three central arguments of Raz for the understanding of human rights: his thesis of unlimited authority, considered as exclusionary reason; his conception of practical reason and the autonomy of subjective interests; and the emergent order of human rights as limiting sovereignty. Then, the paper addresses Finnis' theory of natural law, also in three core arguments for the elucidation of human rights concept: the thesis of basic human goods as the foundation of natural rights; the universality and intrinsic value of human rights, according to the dignity of the human person; and the relationship between legitimate authority and the common good, based on the normativity of human rights. Finally, it concludes that Finnis is able to respond to the difficulties identified in Raz. Its methodology is hypothetical-deductive, based on bibliographical research, following a review of the primary and secondary literature of these authors and formulating general hypotheses about human rights.
Acesso aberto (Open Access)
Secularização, Estado laico e Direito à liberdade religiosa: aproximação da sociologia histórica de Charles Taylor e da Filosofia Jurídica de John Finnis
(Universidade Estácio de Sá, 2020-04) PINHEIRO, Victor Sales; KAYEMBE, Marcela Santos Pimentel
This article addresses the right to religious freedom, in the light of the concepts of secularization and the secular state. It then uses the theoretical framework of Charles Taylor, whose historical sociological approach allows us to understand the transition from the medieval, community model of religion to the modern, individualistic model of religion, with the dual affirmation of religious freedom and neutrality (secularity) of the State to respect and guarantee it. Then, in the second session, the conceptual distinction is made between secularity and secularism, in order to underline the risk of subverting the logic of religious freedom, by limiting religion to the private sphere, depriving religion of all public relevance and, therefore, neutralizing the right to religious freedom. Finally, John Finnis' philosophical argumentation is developed, to articulate the right to religious freedom with the basic human good of religion, as being distinct from freedom of conscience, which distances it from the reductionist and individualistic liberal conceptions, showing the restrictive character of political secularism. It concludes that the State must not hinder, but must promote access to religion as a fundamental human right, constituting the common good. The main methodological contribution of this Article is the complementation of Finnis' analytical philosophy, which proceeds on a level of conceptual abstraction, with Taylor's sociology, which in a historical hermeneutics of the historical process of secularization.