Navegando por Assunto "Lei natural"

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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.
Acesso aberto (Open Access)
A natureza e o caráter das leis naturais em Popper
(Universidade Federal do Pará, 2018-03-15) ARAUJO, Caroline Soares de; DIAS, Elizabeth de Assis; http://lattes.cnpq.br/9610357600630781
Popper presents, through a series of works and articles, different characterizations of natural laws. Initially, he defines such laws as strictly universal statements that, due to their logical properties, are falsifiable. In a second moment, as a reply to William Kneale’s criticism, Popper starts to emphasize the necessary character of natural laws. The aim of this research is to determine if these two characterizations presented by Popper concerning natural laws are either divergent either complementary and if there is any contradiction between these two conceptions and the theory of science supported by the philosopher. Therefore, the problem of this research is structured around popperian’s characterization of natural laws and the concept of physical necessity, apparently contradicting the falsifiable nature that the philosopher assigns to these laws in previous works. We defend the hypothesis that the idea of laws as statements that express necessity just apparently contradicts Popper’s falsificationism and conjecturalism. Actually, it completes the first characterization of laws as strictly universal statements, being, the way it was formulated, consistent with popperian theory of science.