Aspectos histórico-evolutivos do jusnaturalismo: da grécia antiga a Tomás de Aquino

Abstract

The jusnaturalism receives of St. Thomas its main feature: a historical contribution in favor of recognizing the fundamental rights of the individual. His thesis jusnaturalist, exposed in the work "Summa Theologica," surpasses all previous formulations on the subject. In the first version of natural law, which was formed in Ancient Greece, was included as a basic characteristic the defense of the polis, identified with the idea of equality between citizens and embodied in the phenomenon that is called: concord. This paradigm jusnaturalist reaches its climax in Aristotle with his conception of political or constitutional law. Making an interpretation in a new light the concepts of Aristotle, Aquinas makes the natural law systematic, covering this system the formulations on this: eternal law, natural law and human law. In this last is contained in what he calls the natural law or law of nations, a concept with which, Aquinas, exposes the greater legacy of natural law, the aforementioned rights and basic guarantees of the person.