ANTI-CONFLICTUALIST AND LIBERAL MINIMALISM OF RIGHTS: AN ANALYSIS FROM THE PERSPECTIVE OF INTEREST THEORY AND THE DYNAMIC APPROACH

• Autor(a) principal: Zezza, Michele Beniamino
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Opinião Jurídica (Fortaleza)
• Texto Completo: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3541
• topic: Filosofia do direito; Anti-conflictualist minimalism; Liberal minimalism; Interest theory; Dynamic approach; Minimalismo anti-conflictivista; Minimalismo liberal; Interest theory; Enfoque dinámico; Minimalismo anti-conflitivista; Minimalismo liberal; Interest theory; Abordagem dinâmica

The article describes two different miimalist approaches in the field of recognition and protection of rights: the anti-conflictual and the liberal variants. It explores their historical-cultural assumptions and highlights their main elements of their unreasonableness.Methodology: To this end, we use some theoretical tools deriving from the combination of contemporary interest theory with a dynamic approach.Aim: One of the most relevant purposes of the research is to demonstrate the theoretical non-sustainability of those reconstructions which attributes to the historical succession of the different categories of rights a clear structural distinction between negative rights, understood as “self-executing”, and positive rights to public provisions. Achievement: The combination of these frameworks (dynamic theory and interest theory) provides a valid conceptual basis for the recognition of social rights in a parity plan regarding traditional rights of freedom; on the other hand, this position leads directly to the rejection of minimalism: classical civil liberties, just as the material conditions necessary for a dignified living, make up protected goods or interests of the subjects who demand positive benefits to be guaranteed.Contributions: The work provides a philosophical research on the theoretical foundations of social rights in relation to the classical liberal rights of the first generation acquires a special relevance within the project. The present study looks forward to contributing to the unsustainability of those reconstructions that attribute to the historical succession of the different categories of rights a clear structural distinction between negative rights, understood as “self-executing”, and positive rights to public benefits of the State.