Racionalidade e efetividade do direito em Hegel: normatividade e historicidade da liberdade

Abstract

In the philosophical tradition, the philosophy of right is the discipline that thematizes the right as such, not this or that specific right of one or other State, not interested in detail by the right’s reality, but of the right’s concept. For Hegel the right is the objective realization of freedom, but not every law or positive institution is indeed a law of freedom, criteria is necessary to determine when a law or positive institution is justifiable or not, that is, satisfies the demands of reason for freedom. This dissertation aims to determine the criteria for the evaluation and correction of positive law in Hegel and the relation between the concept of right and the actuality of right. The present dissertation will have as main bibliographical reference the work of G.W.F. Hegel, Elements of the Philosophy of Right, as well as complementary works by the author himself (Phenomenology of Mind, Philosophy of History, etc.) and other authors and commentators who contribute to our objective. We will conclude that Hegel conciliates in his Philosophy right the historicity and normativity of freedom, that is, for Hegel, freedom would presuppose norms and would be historically effective, and that the criteria for evaluating and correcting positive law would be historical and normative.