A RECEPÇÃO CRÍTICA DE HEGEL À CONCEPÇÃO DE LIBERDADE COMO DIREITO SUBJETIVO NO JUSNATURALISMO MODERNO

Freedom as subjective right is one of the basic principles of modern natural law, and its reasoning is performed based on the assumption of natural law. This paper aims to show that, for Hegel, this kind of freedom has for foundation the concept of person, which abandoning the assumptions of natural law keeps freedom as subjective right. But this is only possible in a theoretical (speculative) construct of another order: the assumption the necessary abstraction of the right becomes effective only in society through the dialectic of recognition. Thus, Hegel's philosophy achieves a critical incorporation (Aufhebung) of freedom as subjective right in an attempt to overcome the contradictions and difficulties that this freedom represents.