Direito subjetivo - base escolástica dos direitos humanos

Abstract

The article presents the discourse that gave rise to the concept of subjective right, fundamental to the birth of the ideal of human rights. The first part is a description of the concept of justice existent in the scholastic field and then looks at the emergence of the notion of subjective right in the last phase - the nominalistic phase - of this school of thought. Finally, the article considers the appropriation by the Second Scholastic of this notion within a holistic conception of justice. The argument is centred, therefore, on the relationship between justice and the right to individual freedom.