Modern State Law

It still standes out that God does not intervene with the relative rights to the condition human being, opposing some rules of the Church. Thanks to the philosophical studies, that right very innate they had been positivados, with the purpose to still more protect the Basic Rights of the Man, universalizando and reaching almost all the Sovereign States. Therefore that Pufendorf, considered for many, ' ' Father of the International law Moderno' ' he strengthens this importance of the universality and inalienability. It obtained to diminish the attritions and oppositions between the Natural law and the Right The holy ghost, being said that ' ' intelligence is Divine and not it Right Natural' ' ; explaining that for intelligence the man is capable to create and to understand the theories, acting always for the pure reason given for God. Perhaps without performance of these philosophers, the Modern State would not have the conception of that the Natural law of the condition human being walks to the side of the Positive law, not being able to ignore or to prevail on the Natural law. Examples cited for the author, on the sovereignty of the States, can be based in the CF/88, its art. 1, making use that the Brazilian State has as beddings: I? the sovereignty; II? the citizenship; III? the dignity of person human being; IV? the social values of the work and the free initiative; V? pluralism politician. It does not remain doubt, that the theories, renascentista and naturalist had been of extreme relevance for the Modern State, therefore through the creation of international courts, was possible to judge committed crimes cons the innate rights of the Man. The Social Empirismo of the Contratualismo. The Contratualistas defends the idea of the social contract to create the Positive law, but they do not discard the importance of the Natural law in the constitution of a modern Positive law.