O DIREITO NATURAL: DOS CONTRATUALISTAS A KARL MARX

Abstract

The study of the Natural Right or Natural Law, as non-writing or supra-real Law,it continues being relatively unknown in the juridical environment. This work tries to revisethe pertinent literature to the natural right in their main theories. The classic jusnaturalismor Aristotelian-tomist point of view, it is a prevalent theory of the social natural rights; whilethe rationalistic jusnaturalism - of Hobbes, Locke and Rousseau - it is predominantly a theoryof the individual natural rights. On the other hand, this work search to clarify the locus of theMarxist juridical thought inside the study of natural right. This works leans to conclude thatMarx does not abandon the natural right completely, especially in his rational version. Hecreates that was called Legal Naturalism. Marx’s position involves fundamentally a moralargument, where the deprived property, for instance, it is iniquitous for denying the individualfreedom and the opportunity for equalitarian and integral development. In this work itis develop a argument in favor of an eternal return of the natural right, as wants Ernst Bloch,especially the thought and the practice linked to the human rights.