A questão da fundamentação e o problema da efetivação dos direitos humanos em Norberto Bobbio

Abstract

In this dissertation, we will analyze how the question of the foundation of human rights and the problem of its realization has acquired relevance in the contemporary debate. In order to address these issues, we have chosen, as the main theoretical framework, some of the main works of the Italian philosopher Norberto Bobbio, such as the Age of Rights, The Future of Democracy, Freedom and Equality, Liberalism and Democracy, among others. The author considers that concepts of human rights and dignity are not univocal, as they cannot cover all citizens in all cultures and situations. Bobbio makes it clear that an absolute foundation, as advocated by jusnaturalism, would not be possible. Especially because, according to him, the expression “human rights” is vague and inaccurate. Because of their historical character, human rights, as they are also changeable, have no absolute foundation. Finally, Bobbio points out that the fundamental issue of our time is of a political nature, as it is above all about finding means for the realization of such rights. Our hypothesis is that, although the question of the foundation has lost its relevance when confronted with the problem of realization, philosophy still has much to offer to the debate about the raison d'être of such rights and the obstacles surrounding their concretion.