Análise retórica dos direitos humanos na construção das fronteiras da tolerância

Abstract

This master's degree dissertation presents the construction of the concept of tolerance and human rights from modernity and its development in contemporary political and law philosophy. The tolerance was linked to religion and today is still a matter of debate, but the subject was expanded to other spheres that we can summarize as culture. In this sense, this work proposes a rhetorical perspective for the study of tolerance and law. It also adopts the rhetoric as the study methodology and it’s tripartite in material, strategic and analytical rhetoric. It presents a realistic anthropology on the matter of human nature. It investigates the function of the law, especially human rights, on the establishment of the borders of coexistence between individuals or communities with different worldviews. The law establishes the marks of human freedom by promoting equality and protecting the differences. This work develops the legal-political aspect of tolerance, and not the moral aspect, in order to solve the paradox of tolerance (limits) by combating intolerance, promoting pluralism and human rights. It defends the strategic nature of tolerance, used as operator instrument of consensus, adopting the value of peace as greater than the value of truth.