A declaração dos direitos humanos da onu: uma revisão crítica à luz do jusnaturalismo de Jacques Maritain

Abstract

This study examines the philosophical foundations of the 1948 Universal Declaration of Human Rights (UDHR) in light of Jacques Maritain’s personalist natural law theory. Beginning with the post-war context and the moral shock generated by totalitarian atrocities, it analyzes how the search for a universal ethical framework became essential for rebuilding the international order. The research explores Maritain’s influence in UNESCO’s preparatory debates and his proposal of a practical consensus among diverse cultures, grounded in human dignity and natural law. In contrast to legal positivism, particularly the Kelsenian tradition, Maritain provides an objective and rational justification for human rights, understood as requirements inherent to human nature rather than contingent creations of the State. The study also discusses Maritain’s doctrine of the person, natural law, and the common good, as well as contemporary challenges to the universality of human rights, including multicultural tensions, relativism, and issues related to state sovereignty. It concludes that Maritain’s thought remains relevant for both the moral legitimacy of the UDHR and the ongoing ethical and political challenges surrounding human rights.