À IMAGEM E SEMELHANÇA: DEUS E A VALIDADE DO DIREITO HUMANO VOLUNTÁRIO EM HUGO GROTIUS.

HUGO GROTIUS IS COMMONLY RECOGNIZED AS THE FATHER AND SECULARIZER OF MODERN AND RATIONAL NATURAL LAW. HOWEVER, HIS WORK IS SET ON A CROSSROAD OF WORLDS, IN WHICH DWELL SCHOLASTIC, HUMANISTIC AND SOON TO BECOME MODERN TRADITIONS, HAVE BEEN WRITTEN ABOUT LAW, POLITICS, HISTORY, THEOLOGY AND PHILOLOGY. IF IT IS READ AS SEPARATED, OR BELONGING TO DIFFERENT AREAS, THE INTERNAL CONNECTION AND THOUGHT CONTINUITIES ARE LOST, WITH THE TEXTS SEEMING TO BELONG TO DISTINCT AUTHORS. THROUGH A BIBLIOGRAPHICAL ANALYSIS AND RESEARCH, AIMING TO INTEGRATE GROTIUS’ WORKS AND TO EVALUATE THE IMPORTANCE OF THE THEOLOGICAL CONCEPTS FOR HIS JURIDICAL THEORY, IT HAS BEEN CONCLUDED THAT HUMAN VOLUNTARY RIGHTS’ VALIDITY ONLY EXISTS BECAUSE MAN HAS BEEN CREATED ON GOD’S IMAGE AND LIKENESS, SHARING HIS CHARACTERISTICS OF REASON, FREE CHOICE AND CREATIVE WILL. TO REACH THIS CONCLUSION, IT HAS BEEN INQUIRED: 1) HUMAN’S PLACE IN THE CREATION AND HUMAN NATURE’S CONCEPT, WHICH COMPOUNDS NOT JUST THE DOUBLE ASPECT OF SELF-PRESERVING INSTINCT AND APPETITE FOR SOCIETY, BUT ALSO THE CHARACTERISTICS OF REASON, WHICH INCLUDES LANGUAGE, AND FREE CHOICE, THE BASIS TO AFFIRM THAT HUMAN’S PURPOSE IS NOT JUST IN SOCIAL LIFE, BUT IN BEATITUDE; 2) THE UNEQUAL DISTRIBUTION OF NATURAL RESOURCES AROUND THE PLANET MAKES COMMERCE INDISPENSABLE FOR LIFE AND SUGGESTS THE IMPORTANCE OF COOPERATION AND RECOGNITION OF THE HUMAN BOND. STARTING WITH THE RECONSTITUTION OF THE PORTUGUESE SHIP SANTA CATARINA AND THE CONTROVERSY AROUND THE NAMING OF DE IURE PRAEDAE, IT WAS POSSIBLE TO VERIFY GROTIUS’ CONNECTION WITH THE VOC, NETHERLANDS’ POLITICS AND HEGEMONY, THE EUROPEAN GLOBAL DOMINION’S JUSTIFICATION, SINCE, ONCE DEFENDING THE FREEDOM OF THE SEAS, THE DEFENSE BECAME THAT OF FULFILLING CONTRACTS, AND, EVEN IF HE HAS NOT BEEN ITS ARCHITECT, HE HELPED TO LAY ITS FOUNDATIONS; 3) GROTIUS INVOLVEMENT IN SOME SPECIFIC CASES, SUCH AS THE COLONIAL CONFERENCES WITH ENGLAND, THE DEFENSE OF THE NETHERLAND’S INTERESTS IN THE CAPTURE OF A BOAT IN THE WEST INDIES, THE WHALE HUNTING DISPUTE AT SPITSBERGEN AND THE REPORTS ELABORATED AT VOC’S REQUESTS DURING THE PEACE NEGOTIATIONS WITH SPAIN, IN WHICH HE FORESAW PEACE IN EUROPE AND THE WAR’S CONTINUATION IN THE EAST INDIES; 4) RECOGNIZING THAT MAN’S DESTINATION IS NOT SOCIAL LIFE, BUT BEATITUDE, ATTENTION HAS BEEN DRAWN TO THE RELIGIOUS FIELD, SPECIALLY THE THEOLOGICAL AND POLITICAL DISPUTES RISEN DURING THE CONFESSIONALIZATION PROCESS THAT RESULTED IN GROTIUS’ RUIN. HIS ACTIONS TO CONCILIATE THE CONTROVERSIES SPRANG FROM A PECULIAR AND IRENIC UNDERSTANDING OF CHRISTIANITY, WHICH SOUGHT CHRISTIAN UNITY. LASTLY, THE CORRESPONDENCE BETWEEN NATURAL RELIGION AND NATURAL LAW, REVEALED RELIGION AND VOLUNTARY DIVINE RIGHT.