A razão pública e a fundamentação dos Direitos Humanos na obra O Direito dos Povos de John Rawls.

Abstract

The aim of this study is to analyze the vision of human rights in John Rawls’s work, as well as the role of the public reason idea in the grounds attach to a reasonable Society of Peoples. For this, we intend to give shape to the author’s thought regarding the public reason specifically, where border with the human rights grounds. It begins with understanding of the notion that a Law of Peoples are able to establish a reasonable Society of Peoples: their idea of a realistic utopia, the concept of people as different of concept of states, the notion of toleration between peoples well-ordered and people who main join a society of peoples, as well the principles of justice for such society and human rights protected by her. After this initial phase, we analyze the functioning of rawlsian justification’s mechanisms, from the original position under a veil of ignorance, throughout the understanding the mechanisms of overlapping consensus, and reflective equilibrium. Finally, we arrive at the final stage in which it seeks to understand the idea of public reason, between this difference and the ideal of public reason, the understanding of public reason as an inclusive vision of comprehensive doctrines mitigated, and the support given by the public reason to a public discussion that consolidate the human rights respect in the Society of Peoples.