Ubuntu: um mero conceito moral ou um conceito jurídico?

• Autor(a) principal: Pais, Sofia Coelho Pinto Bastos
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/159041
• topic: Ubuntu; Cidadania; África do Sul; Boa-fé; Legal; Moral; Citizenship; South Africa; Good faith; Direito

In a world where extremes are growing sharply and egos have more and more importance, it is urgent to give voice to philosophies that put the "We" before the "I" and look at the other as part of their universe, wanting to help them and integrate them. "I am because We are" is the expression that best translates the basic principle of the Ubuntu philosophy. This dissertation has as its primary objective to understand the importance of the Ubuntu concept for the construction of a more open, inclusive and equal universe and the admissibility of the concept as a legal concept in the South African legal system and a brief comparison with the concept of good faith, present in Roman law, which we find particularly challenging. From the story of Nelson Mandela we will understand the basis of this philosophy and the importance of serving the other. This philosophy emerges as a harmonizing response to the post-apartheid period. Indeed, it will be relevant to understand the introduction of the Ubuntu concept in the South African legal system as a central element in the construction of a new united nation. In the context of globalization in which we live, the Ubuntu philosophy may constitute an essential contribution and even a key to promote an epistemological rupture on behalf of a more democratic perspective. This research paper intends, therefore, to understand the possibility of receiving the Ubuntu concept as a moral value or legal and/or constitutional norm in South Africa, serving as a paradigm for application in different legal systems, and also to make a brief comparison with the concept of good faith developed by the Romans. This philosophy should be studied and disseminated, and it should be noted that anyone can be Ubuntu because the values of Ubuntu can be found in each one of us.