Referentes teóricos para uma jurisprudência doutrinal crítica na Filosofia dos Direitos Humanos: Ernst Bloch e Michel Foucault

Abstract

Aiming to shape a critical jurisprudence on Philosophy of Human Rights, in this essay I delve into some contributions from two major referents of contemporary European Critical Thinking: Ernst Bloch and Michel Foucault. The German philosopher stands out apropos his vanguard reflexion on Human Rights emancipatory potential, based on a heterodox Marxist analysis regarding natural law. On the other hand, the French philosopher was the leading theorizer on the counter-hegemonic «critical attitude» and «counter-conducts», also viewing Human Rights through such lenses. Therefore, I argue that they can be both a theoretical support not only to the critical revitalization of this strand of Legal Philosophy, but also to understand the Human Rights tumultuous (r)evolution that occurred these last decades.