HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL

THE DISCOURSE ON HUMAN RIGHTS IN FRANCISCO DE VITORIA: PIONEERING APPROACHES AND LIMITATIONS

Maria Esther Martinez Quinteiro — 2026-06-10

This paper is based on a presentation given at the International Seminar held at the University of Salamanca in October 2025, entitled: The Discourse on Human Rights, from Francisco de Vitória to the Present. The main subjects are the human rights’ discourse, Francisco de Vitória ideas and the discussion on natural rights of men.

ABOUT FRANCISCO DE VITÓRIA. PROJECTIONS IN TIME. SOME THEMES

Jose Artur Duarte Nogueira — 2026-06-10

This text corresponds to the speech given on October 10^th 2025 at the Colloquium entitled The discourse on human rights from Francisco de Vitoria to the present day, held at the University of Salamanca between 9 and 11 October 2025. The Colloquium was an initiative of an Organising Committee, in which Professor Esther Quinteiro (University of Salamanca) and Professor Cláudio Brandão (PUC Minas Gerais) deserve special mention.

FRANCISCO DE VITÓRIA’S CRIMINAL LAW CONCEPTS IN DE LEGIBUS AND THE HUMAN DIGNITY

Claudio Brandao — 2026-06-10

Criminal Enlightenment emerged as the culmination of a process of paradigm shifts. Thus, it owed much to the pioneering positions that were developed prior to its emergence, particularly those of rationalist Natural Law, which formed the foundation of legal thought in the Modern Age. In this context, Francisco de Vitória’s penal ideas take on notable importance for understanding the foundations of modern Criminal Law, as they are linked to the Enlightenment. These ideas break with the medieval paradigm and replace theocentrism with anthropocentrism in the criminal field, as evidenced both by the custom of leniency toward the defendant and by the linking of punishment to guilt.

IMMIGRATION, REFUGE AND HUMAN RIGHTS. RECLAIMING HUMANISM.

Pedro Garrido Rodriguez — 2026-06-10

Migration is one of the most complex and formative social processes in contemporary history. Its multifactorial nature—economic, political, environmental, and cultural—makes migration a phenomenon that transcends borders, ideologies, and historical periods. Throughout human history, and especially in the last two centuries, human mobility has decisively shaped demographics, national economies, and collective identities. This paper offers a historical perspective on the main migration dynamics between the mid-19th century and 2025, integrating an analysis of their structural causes, recent transformations, and institutional responses, particularly those promoted by the UN, UNHCR, and the International Organization for Migration (IOM). It also examines the effects of the COVID-19 pandemic, climate change, the Russian invasion of Ukraine, and the humanitarian emergency in Gaza as factors that have redefined the migration landscape and the international refugee protection system. Finally, the need to strengthen a global humanism based on multilateral cooperation and the effective defense of human rights is raised.

HUMAN RIGHTS AND REPRODUCTION: WRONGFUL SURROGACY CLAIM

Marisa Araujo — 2026-06-10

In cases of wrongful surrogacy, there is a mix-up of gametes or embryos intended for one woman, which are transferred to another as part of a assisted reproductive tecnhologies (ART). Nowadays, as one might expect, the possibility of medical negligence in the field of ART is a real one, and it is in this context that we place our focus, there are situations in which the gametes or embryos used belong to people who wanted them to be used to produce their own offspring, but they end up being implanted in the uterus of a woman who has no intention of carrying a child for someone else or of bearing someone else’s children. Despite the contractual relationships and what they encompass — or what is not included in them — or even if included, the balance of rights and obligations of each party outweighs the terms that any contract might establish. Ultimately, the decision must always be to safeguard the integrity of human creation, even if dispersed amongst several people, and parental identity which, in many cases, as noted, cannot be confined to the page of paper that the parties have signed.

FUNDAMENTAL RIGHTS AND THE APPLICATION OF THE TOPICAL-HERMENEUTIC METHOD IN THE THEORY OF CRIME

Marco Aurelio Florencio Filho — 2026-06-10

This article investigates the applicability of the topical-hermeneutic method within Brazilian criminal law, particularly in cases in which the criminal liability is excluded, despite the absence of express statutory provision. The central hypothesis of the research is that this method of interpreting criminal law — which seeks to balance the systematic application of legal norms (syllogistic) with the analysis of the concrete case (topical) — does not violate the principle of legality, but rather concretizes it, by allowing decisions which preserve human dignity. It is argued that the topical-hermeneutic method understands the law as a negative limit, one which prevents arbitrary punishment, and the concrete case as a positive limit, which may legitimize the judicial exclusion of criminal liability, even if there is no express statutory provision.

THE IMPORTANCE OF A CULTURE OF LEGALITY IN CONTEMPORARY TIMES: STRENGTHENING DEMOCRATIC VALUES

Carolina de Souza Lima — 2026-06-10

The culture of legality is a form of mindset and awareness, as well as an individual, collective and institutional way of acting, based on an appreciation of democratic values, as well as on public goods, through respect for public institutions, the community, justice, freedoms and equality. This article aims to analyze its relevance in contemporary times. To this end, it begins by defining and delimiting the culture of legality in democratic regimes committed to human rights. It then presents a historical digression to understand the origin of the term in the transition from the Modern Age to the Contemporary Era up to the present day in the Western world. It sets out some current challenges regarding the importance of strengthening the culture of legality in society and in the Brazilian State. It also presents some of the results of two relevant studies that are directly related to the theme of the culture of legality. It concludes that four objectives need to be achieved in order to promote a culture of legality in contemporary Brazil: building and strengthening national identity; consolidating democratic values; strengthening citizenship and guaranteeing the right to quality education for all, with emphasis on human rights education. The study methodology was based on a qualitative approach, by the deductive method, with bibliographical and documentary research.