Na disputa pela herança política kantiana: a defesa dos princípios libertários na filosofia política e jurídica de Kant

Abstract

It is understood that there is a dispute over Kant’s political legacy among different political traditions. This study is situated within the debate on Kant’s political heritage, analyzing the possibility of a dialogue between his political and legal philosophy and principles that extend beyond the classical liberal tradition, approaching libertarian conceptions. The investigation is based on Kantian concepts of natural law, external freedom, private property, private law, and the limits of state action. It is argued that, in Kant’s view, the State's purpose is to guarantee individual freedom as an end in itself, acting exclusively within the executive and juridical spheres. The central problem of this research lies in the tension between autonomy and heteronomy in the context of obedience to state laws. According to Kant, an individual is autonomous when they submit only to laws derived from their own consent. However, the imposition of legal norms by the State may suggest a state of heteronomy, raising the central question of this investigation: is it possible for a State to exist without violating Kantian individual rights? If so, what would be the structure of such a State? Given this problem, it is argued that if freedom, as grounded in natural law, property, and private law, is violated by state action, a problem of political and legal coercion arises. In this sense, state intervention could lead to the suppression of an individual's external freedom, thus constituting a contradiction within Kantian principles themselves.