THE BIRTH OF THE RIGHT TO ALTERITY IN THE CITY: THE RIGHT OF INDIGENOUS PEOPLES IN FRANCISCO DE VITORIA

• Autor(a) principal: Reis, Émilien Vilas Boas
• Data de Publicação: 2023
• Outros Autores: Naves, Bruno Torquato de Oliveira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Veredas do Direito (Online)
• Texto Completo: http://revista.domhelder.edu.br/index.php/veredas/article/view/1071
• topic: alteridade; índios; direitos humanos; direito natural; Francisco de Vitória

With the Protestant Reform and the great navigations, the consideration about the other and with the different one, goes through changes, especially against the ones considered infidels and the natives of the New World. On the other hand, in the sixteenth century, the Iberian Peninsula lived the Golden Age, with the rebirth of Scholasticism and the flourishing of important juridical universities, with a marked development of Law Science. The Spanish Dominican Francisco de Vitoria is an exponent of these philosophical and juridical movements. This article aims to understand the contribution of Vitoria to the development of the relationship with the indigenous and, consequently, to the reworking of alterity. By means of bibliographical research and qualitative method, they searched in the writings of Vitoria and in his historical, philosophical, theological and juridical contexts. the elements of reconstruction of his concept about natural law and to see the possibility of recognizing the rationality of the indigenous and the property right over their lands. The project of human rights construction is present in Vitoria, in the defense of the universality of reason to all human beings and in the recognition of the right of the indigenous not to be expropriated. Thus, Vitoria expands the ethical notion of alterity present at that time.