O direito à busca da felicidade: filosofia, biologia e cultura

Abstract

Although there is a multiplicity of meanings for the term happiness, attempts towards an objective view of this concept have been made in the Western world. For instance, in Jeremy Bentham´s utilitarianism and in Thomas Jefferson´s inclusion of the right to the pursuit of happiness in the American Declaration of Independence. In addition to discussions about its possible meanings, the source of happiness has also been the agenda of many studies: biology presented an explanation supported by the criterion of genetic predisposition, while other studies, especially anthropological, focused on the importance of culture. Regardless of the biases created from each of these disciplines, in recent history, happiness has been used as an important indicator of economic development, being qualified by the United Nations, in a particular resolution, as a fundamental human goal that must be considered by state public policies. In the face of the great interest that the subject arouses, it is legitimate to question its foundations in the field of law. Is happiness a kind of human need that could support a “new” Right? Or is it be something more subjective, of an exploratory nature, which motivates man to perform, create and interact with others? In this context, given the level of abstraction that the concept of happiness can reach; its legal discipline would be encompassed by disciplines that focus on the guarantees of the pursuit of happiness, and would therefore would be considered under questions of autonomy and liberty. Admittedly, to allow this projection, many basic human needs are indispensable, hence also subject to legal guarantees. In the current context, these conditions are analogous to those used by economists to measure the state capacity to promote happiness, namely: the guarantee of access to education, health, transport, labor, and an ecologically-balanced environment, among others. The study follows a qualitative methodology, based on a bibliographic survey.