Igualdade em face à doutrina do direito de Immanuel Kant.

Abstract

Immanuel Kant is acknowledged to be one of the greatest authors of morals, his investigations of rationality as a precondition for the existence of moral beings is undoubtedly Kant's great contribution to the human sciences. Starting from this conception of rational being that evolves to morality, in the construction of a world where the principles of freedom and equality, as heuristic principles, must guide laws, from their elaboration to their incidence on human beings. This work moves to show that the full observance of freedom as a principle, in promoting equality, promotes the construction of a welfare state2. Therefore, starting from this conception and having as background the idea of freedom as a greater good to be preserved by the system of law, we developed the idea of equal freedom in the sense of showing that the freedom taken in its meaning of conditioning of all laws and norms concerning the system of law, constructs even if indirectly, a world of equals. This equality is what promotes a state of social welfare. Considering the idea that the Kantian argument for the sake of being the law the system that regulates human relations, based on human rationality with a view to improving them to morality, we question why we are inserted in the contemporary social dynamics, where the picture that is observed is of extreme inequality; because we are inserted in the contemporary social dynamics, where the picture we observe is of extreme inequality, (being far from the ideal justice outlined in the first part of Die Metaphysik der Sitten (Metafísica dos Costumes, 1797), namely, Die Metaphysischen Anfangsgründe der Rechtslehre (Princípios Metafísicos da Doutrina do Direito), if the treatment according to the principle of equality demanded of, and by the system of Law in the Kantian Doctrine, serves to us in fact as parameter to evaluate the laws? We ask if the idea of a contract as the source of our obligations towards the state still has a possibility, if properly interpreted, to be an outlet for the return to an education for morality, where the idea of equality means full realization of freedom, Law, in line with the construction of a social welfare state, despite the fact that the relations are observed in a merely behavioral way? The central objective of this work is to analyze if the treatment according to the idea of equality required of the system of Law in the Kantian Doctrine serves as a parameter to evaluate the laws. We question whether the idea of a contract as a source of our obligations towards the State still has the possibility, if properly interpreted, of being an outlet for the return to education for morals, against the background of the idea of law as the norm of relations in a Behavioral aspect. To understand how this possibility of parameter is constructed for rational action and in the prospect of Kantian philosophy, for moral action, it is necessary to first analyze the rationality inherent to human beings; which is the clay (substance) whose mold (form) transforms into morality, since it includes the possibility of the construction (emergence) of the system of law, which, according to this author, does not arise in a contingent way from the necessity of Correction of the reality that presents itself, does not have a factual or historical reality as in its predecessors. Following this rationality that ideally constructs the system of law, with a view to the protection of freedom, starting from the consideration that all men are equal that must be respected by the laws so that these are in line with the idea of Law expressed in the Doctrine. We will investigate Kant's justification for the right to property, considering the inadequate interpretation of the justification of this right as Kant transfers ownership of property, the main problem to be faced by theories of the welfare state.