Fundamentos filosóficos dos direitos humanos: a alternativa teórica do humanismo latino em Francisco de Vitória

Abstract

It deals with Latin humanism at the Salamanca School in the 16th century by reading the central works of Francisco de Vitoria and the possibility of this as a viable alternative for the philosophical foundation of human rights in the contemporary world. For this, it begins with a presentation of the School of Salamanca and the master Francisco de Vitoria, dealing with it, of its importance for international law, to analyze his main works, De Indis and De iuri belli, in order to provide a vision of Latin humanism and its presuppositions for a philosophical foundation of human rights. Then goes on to deal with a foundation opposed to Latin humanism, synthesized in the reason of State, observed in the writings of Niccolo Machiavelli and Thomas Hobbes. To finally lay the foundations of that it deems necessary to propose a philosophical foundation of human rights, through the presentation of an understanding of what would be human rights and the necessary elements for a basis of these, such as their relationship with medieval and modern natural rights, its commitment to an understanding of history, among other issues. It works with the initial hypothesis that Latin humanism can serve as a viable alternative model, but in the end, we have critical considerations about this understanding, based on the critical elements resented in what is necessary for a philosophical foundation.