O conceito de instituição no paradigma neoclássico da lei natural de John Finnis: uma construção a partir da teoria clássica da instituição de Maurice Hauriou e do neoinstitucionalismo contemporâneo de Neil Maccormick

Abstract

Having the work of John Finnis as its main theoretical reference, this thesis has a double objective: first, we aim to build an institutional theory in the neoclassical paradigm, in a critical dialogue with Hauriou's classical current, and with the main and most current representative of this theme, found in the works of Neil MacCormick; Next, we intend to use this institutional paradigm to reflect on the characterization of rights in our various institutional realities, verifying general and essential elements so that we can have efficient institutions in realizing and respecting rights, especially human rights, maintaining order, and respecting the common good and justice. Finally, we believe that a neoclassical institutional theory, due to its robust and cognitivist metaethical support, is superior and more favorable to the conceptualization and foundation of fundamental rights within institutions than the current neoinstitutional normativist proposal.