Direitos humanos como direitos subjetivos naturais

• Autor(a) principal: Neves, Luciana Sabbatine
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/25736
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direitos humanos; Direitos fundamentais; Direito natural; Human rights; Fundamental rights; Natural law

The subject of human rights encompasses several aspects and approaches from which its study is developed or ramified. As a methodological approach to the study, the objective is to deal, initially, with the possibility of currently sustaining the theory of Natural Law, with a brief history focused on the classical period (Greek-Roman) and on today's approach, also contemplating the declaratory load and not purely constitutive at the moment of affirmation by the State. Nowadays, human and fundamental rights are the person's protective system and erected from fundamental human (subjective) rights and freedoms, highlighting individuality, are also the result of a historical process and inexorably linked to the doctrines of natural rights, making it possible its defense and also the defense of such doctrines from the questionings and the interconnection with ethics and morals, power, the social struggle for recognition and insertion, which are the object of possible legal studies from the proposed perspective. The methodology used for the study combines descriptive, historical and genealogical methodologies to carry out a bibliographic review study and is justified insofar as, when analyzing or proposing alternatives to fundamental questions and concepts, it also deals with the concreteness, effectiveness of Human rights. The research brings as one of the main results that the established Law continues to be a theoretical consequence of the Natural Law and, in the case of conflict, it is still perpetuated as a basis of legitimacy in the social struggle, despite currently being inserted in discussions specific to human rights . human rights are currently the legal system or subsystem that aims at human protection, a lato sensu (and principled) normative set, which main function is to describe and format individual and collective freedoms and rights