A universalidade da dominação: uma crítica marxista aos Direitos Humanos

Abstract

The present study starts from the observation that traditional discourses on Human Rights avoid concretely defining their content or are limited to positivist approaches. However, the analysis of historical and normative documents reveals a specific rationality underlying this discourse, which has been consolidated over time and still influences contemporary society. To investigate its origins, the research draws on the work of Michel Villey, identifying philosophical foundations marked by the secularization of Christian elements in European modernity. This process aimed to break with the absolutist aristocratic logic and establish a new social organization centered on the abstract individual, in order to protect the interests of the emerging bourgeoisie. From a Marxist perspective, the study critically examines this philosophical foundation, demonstrating that modern liberal rationality, structured around private property, conceals class interests and legitimizes the appropriation of others' labor. Furthermore, it highlights the central role of Law in social homogenization and in regulating the contradictions of capitalism, transforming bourgeois values into universal principles. The study concludes that, although Human Rights may enhance political participation, their ideological structure ties them to liberal rationality, limiting their emancipatory potential. However, their indeterminate nature and openness to critical interpretations may allow for resignifications that turn them into a true instrument of social transformation.