Kantian moral universalism: an ethical approach of human dignity in public international law

• Autor(a) principal: Brito Filho, José Cláudio Monteiro de
• Data de Publicação: 2021
• Outros Autores: Santa Brígida, Yasmim Salgado
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Estudos Políticos (Online)
• Texto Completo: https://pos.direito.ufmg.br/rbep/index.php/rbep/article/view/731
• topic: Kant; Dignidade humana; Universalismo; Kant; dignidad humana; Universalismo; Kant; Human dignity; Universalism

PROBLEM: The problematic of this article discusses how the proposal of Kant's universalist ethics can support the universal foundation of human dignity, focusing on Kantian philosophical theory, through the analysis of the work The Foundations of the Metaphysics of Morals. This article relates the Kantian philosophical conception with the issues of Public International Law of Human Rights. OBJECTIVES: The study aims to understand the necessity of a priori moral laws to constitute, through practical reason, the good will to act according to duty. The categorical imperative and the autonomy of the will of the universal legislator are conceptualized to identify the dignity of the human person, having man as an end in himself. It is shown that man is a possessor of duties (responsibilities)/rights (freedom-autonomy of will). Aspects of the ethical foundation of human dignity are identified in order to compare them with the current principles of public international law. METHODOLOGY: The research is qualitative bibliographical, focusing on Immanuel Kant's "Foundation of the Metaphysics of Morals", followed by the analysis of books and scientific articles on the subject. Following the doctrinal analysis, the subject is related to the exposition of the articles of international treaties of the human rights protection system. CONCLUSIONS: The research is justified on the basis of the universal ethical need to link national law with international law, independently of positivized international norms, according to contemporary requirements vis-à-vis all established powers, official or not. It is concluded that an international organization founded on principles based on universal morality is necessary for the protection of human dignity in order to achieve peace.