O conceito de soberania e o problema das intervenções humanitárias no pensamento de Michael Walzer

Abstract

The defense of the necessity of humanitarian interventions is at odds with the classic concept of sovereignty. This work reexamines the concept of sovereignty established in the Peace of Westphalia and shows that its format is no longer adequate to the contemporary context because, in some cases, humanitarian interventions are moral imperatives. It is apposite to ground the concept of sovereignty no longer on the principle of non-intervention, but on the principle of self-determination of peoples. Presuming that there is a shared and quite stable moral world under which we can build a common minimum philosophical argumentation and accepting that a war is not necessarily immoral, this work recover some classic concepts of the (moral) theory of war in an attempt to build a philosophical way of moral argumentation, based on individual and shared human rights, rendering possible the dialogue in the multicultural world and its maximalist conceptions of good. Thus, it is necessary to understand the legalistic paradigm of the Theory of Just War based on the preoccupation with the protection of fundamental rights and not with the preoccupation against aggressions. This work ends by arguing about the necessary moral conditions and the limits that should orient humanitarian interventions.