THE MODERN FORMS OF HUMAN RIGHTS IN FRANCISCO DE VITORIA/AS FORMAS MODERNAS DOS DIREITOS HUMANOS EM FRANCISCO DE VITORIA

This paper will attempt to show that there is a moral and juridical fandamentation in the Francisco de Vitoria's theory to what is called "human rights". For instance, Francisco de Vitoria, rather than build up a system for dominance, congregated the American native communities based upon the christian ethics, with an universalist characteristic. The argument will be constructed concerning the notions of civil power, liberty and free circulation and communication. When linking these elements, we will try to show that Vitoria was capable to create an avantgarde conception of ethics and of International Law, directly questioning the way through wich was constructed the Spanish colonization of America in that time.