Reconstrução da capacidade emancipatória dos direitos humanos a partir de um projeto de cidadania libertária com base no pensamento de Max Stirner

• Ano de defesa: 2017
• Autor(a) principal: Mesquita, Guilherme Castro Nunes
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Anarquismo individualista; Direitos humanos; Capacidade emancipatória; Max Stirner; Libertarianismo; Individualist anarchism; Human rights; Emancipatory capacity; Libertarianism; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/34860

This work aims to interpret the egoistic thought of Max Stirner, a 19th-century German philosopher, as a mechanism for reconstructing the emancipatory capacity of human rights. The focus of the research is the American individualist anarchist movement, particularly during the publication of the periodical "Liberty" (1881–1908). Analyzing the movement through Stirner's notion of "Revolt" or "Insurgency," it is argued that a libertarian model of citizenship can be extracted from it, offering a solution to the "Crisis of Human Rights." This crisis is seen as the inability of human rights to guarantee the emancipation of individuals in the contemporary context. The analysis of individualist anarchism is interpreted as a continuation of egoistic thought and an exploration of the possibilities for its actualization. Comparisons are made with the traditional anarchist tradition and the libertarian thought of Robert Nozick, highlighting a critical view of the individual's participation in the State and the relationship between the concepts of State and law. Seeking individual transformation, we identify "Libertarian Citizenship" – the egoistic revolt against the rule of law, which aims to surpass, not destroy it. The construction of a new subjective consciousness and possible world occurs through communal life, founded on the paradigms of consensuality, association, respect for individuality, and critique of authority. Libertarian citizenship is advocated as an alternative to the traditional model of participation in law. It proposes the surpassing of the State through continuous replacements with more voluntary institutions, allowing self-governance and the organization of more emancipated individuals. This occurs through the autonomous construction of rights by individuals and collectivities themselves, rather than relying on state guarantees. In this context, a critical analysis is made of Boaventura de Souza Santos' notion of Legal Pluralism in contrast to Gary Chartier's concept of Polycentric Law, proposing alternative forms of legal constructions. This ethical and political model, inspired by Stirner and developed by thinkers like Benjamin Tucker, promotes "equal liberty" – an ethic in which individuals appropriate their rights and desires independently of the State. It plays a dual role: guaranteeing and actualizing human rights practically in the present and transforming the authoritarian structures that led to abuse, monopoly, and lack of social emancipation in everyday life. Ultimately, libertarian citizenship aims for a society of rights without a State, promoting individual and collective emancipation – understood from Stirner's concept of Singularity.