Details
- Autor(en) / Beteiligte
- Titel
- Direito e Justiça na Obra de Reinaldo de Carvalho
- Ort / Verlag
- ProQuest Dissertations & Theses
- Erscheinungsjahr
- 2012
- Link zum Volltext
- Quelle
- ProQuest Dissertations & Theses A&I
- Beschreibungen/Notizen
- This study, conducted within the Master’s degree in Law in the Faculty of Law of the University of Porto (legal-philosophical sciences) follows the relational method of study of Law and Literature.It is centered in the work of Reinaldo de Carvalho and we tried to interpret his thought regarding the idea of Law and Justice.First we present an introduction about the author’s life and work and the relationship between law and literature (Chapter I) as an alternative method of study to Law, followed by a brief exposure of the works that underpin our study (Chapter II).Reinaldo de Carvalho presents the primacy of natural law on the positive law in questions of identity, authenticity and cultural expression. He defends that the just solution to the application of positive law is roughly a harmonization between natural law and positive law.To achieve this harmony that will enable a perfect justice, man must initially go through a process of culturalization, through education and empowerment of the individual and under a current and revised knowledge (Chapter III). However, the guarantor of this culturalization is necessarily linked to politics, since only through political and legislation processes man can ensure the natural right of culturalization. To ensure this real possibility to access a perfect justice it is necessary to include in the Constitution of Portuguese Republic a party line based on the molds of common ethic as a tool to combat misleading political representations and constitutional force as regards to the fulfillment of election promises (Chapter IV).Only when the problematic areas of culture and politics, values and beliefs are concluded, we will be able to achieve a perfect identity of justice, the natural and fundamental idea that requires the Human consciousness culminating in the full use of the rights, freedoms and guarantees of citizens.