Direito subjetivo como artefato históricoevolutivo: elementos para uma compreensão de sua especificidade moderna

Abstract

This essay seeks to comprehend the connection between the subjective right’s concept and the modernity. For, we will analyze, in a first step, the pre-modern society’s structure to try to contextualize the old subjective right’s semantic. In a second moment, we will observe the construction of the concept of action – by Immanuel Kant – and its link with the idea of an autonomous subject. Further, we will see how the kantian subject was received by the German Pandectistic of 19th Century. Therefore, we will have some elements to do one comparison between the pre-modern and modern subjective right’s semantic. We hope that this procedure will support us to demonstrate the connection that exists between modernity and the subjective right’s concept.