Jusnaturalismo: alvorecer e ocaso da ideia de direitos naturais

Abstract

I aim to present the arendtian analysis in which the First World War shows us, trough the apatrids. Also, I show the notion of human rights of the jusnaturalist matrix as something that misses sense and effectiveness and something which is exempt from any juridical help. According to Hannah Arendt, the idea of the natural right is the base on which the notion of human right is placed. It behaves as a basic paradox that consists in the fact of presupposing man as naturally subject endowed of a juridical personality. This paradox clearly revealed itself when those who were out of juridical order could not claim for any fundamental right by the fact of being men. The Arendt’s thesis is, therefore, out of the boundary of a juridical order, and consequently out of any political community which struggle for their rights (such as the apatrids), the individuals are given back to nature. Thus, the fundamental right of man consists in the right of having rights. In other words, it is the right to belong to a political community which assures the juridical personality through which the individual can claim for such rights.