Os direitos humanos e o debate sobre a sua fundamentação perante os ideais universalista e relativista

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This investigation gathers doctrinal subsidies directed to both law operators and investigators, especially those who operate and investigate on human rights, since it shows the importance of discussing this issue and looking for its fundamentality understanding. This paper points to the main historical marks which contributed for the fundamentals of human rights. It deals with the issue of universality and relativism ideals, as a way to fundament both of them and studies several issues related to human rights like culture, globalization, tolerance, identities, cosmopolitan society and multiculturalism among others. This work shows several studies related to humanist texts built since World War II, as well as it follows movements which led to great revolutions in the XVIII century such as rationalism and constitutionalism. It analyzes the world phenomenon of globalization and how it influences human rights; presents the difference between culture and identity; points to the main declarations of human rights and how they contributed to their formation and reports some challenges these rights face for their effective application. It shows the debate on the possibility of a cosmopolitan social construction under the view of Emmanuel Kant, complemented by Wolfgang Kerstings sober universalism idea, intermediate doctrine between the strong universalism and relativism

ASSUNTO(S)

identidade relativismo direitos humanos direito universalismo universalism human rights identity relativism

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