Emoção, vulnerabilidade e direitos humanos: diálogos com Martha Nussbaum

Abstract

This research aims to address aspects of the relationship between emotions and Law, specifically on Human Rights. Based on the teachings of the American philosopher Martha Nussbaum, it seeks to show the positive factors attained with greater recognition and openness to the emotional dimension of individuals in the public life. Using bibliographic research, with emphasis on contributions from philosophy, the work proposes to face the oppositions traditionally made to the conciliation between feelings and rationality, and presents an alternative in which emotions help the foundation and consolidation of Human Rights. The first chapters introduce the scope of the research, undertake the search for a satisfactory characterization of what an emotion is, and, using the examples of Plato and Aristotle, try to present the main controversies of this theme in Philosophy. The following chapters generally present the idea of Human Rights, its relevance and the ways to overcome the association between emotions and irrationality, as well as an attempt to reconcile the concept of human dignity and the expression of emotional attributes. The conclusions point to the recognition of certain qualities present in certain emotions, with emphasis on compassion, which can be highlighted as important for the promotion of fundamental rights and guarantees, without supplanting rationality and established legal instruments. From the arguments exposed, it can be noted that there are alternatives that use emotions as allies for the realization of rights and guarantees and in the development of basic capacities, thus justifying the existence of more debates on the subject.