O mito de Francisco de Vitória: defensor dos direitos dos índios ou patriota espanhol?

Th is text analyzes some distortions that the search for a founding father of the discipline of International Law caused when it created the myth of Francisco de Vitoria. The Th eologian of Salamanca became a supporter of the right of the Indians and would have had a conception of the Law of the Peo...

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Bibliographic Details
Published in:Revista de Direito Internacional 2012-07, Vol.9 (1)
Main Author: Borges de Macedo, Paulo Emílio Vauthier
Format: Article
Language:English
Subjects:
History
International law
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Summary:Th is text analyzes some distortions that the search for a founding father of the discipline of International Law caused when it created the myth of Francisco de Vitoria. The Th eologian of Salamanca became a supporter of the right of the Indians and would have had a conception of the Law of the Peoples quite modern. However, Vitoria was also a Spanish patriot and a Th omist, two affi liations harmful to this image. In conclusion, Vitorias conception of the Law of the Peoples is still ancient and very distinguished from the current notion of International Law; in addition, the author supports a right of intervention, albeit distinct from the one stated by the offi cial policy of Spain. Th e method used was the inductive and the primary sources were the authors own texts (bibliographic documentation). Hence, the article aims to demystify a very common idea about one of the major founders of International Law. [PUBLICATION ABSTRACT]
ISSN:2236-997X
2237-1036
DOI:10.5102/rdi.v9i1.1602