O Estado mínimo de Robert Nozick: uma análise acerca dos limites da ação estatal

Abstract

The aim of this research is to analyze the limits of state action, based on the perspective of political liberalism. The theme is approached from the criticism made by Robert Nozick, in Anarchy, State and Utopia (AEU), the idea of a redistributive State defended by another liberal, John Rawls. Since the defense of freedom is the foundation of liberal theories, we are interested in understanding the space that individual freedom leaves so that the democratic state of law can act without violating the private freedom of the citizen. The general objective of the research obliges us to go through themes, such as: positive freedom, negative freedom, limits of state action, social justice, free market, state intervention, social state, state restricted to security functions, among others. However, the research is limited to analyzing the topic from a moral perspective, that is, the purpose is to understand whether, contrary to what Nozick argues, it would be possible to think of a liberal state that develops social functions, without this, necessarily, morally violates the individual's private freedom. During the analysis, arguments are presented in defense of individual freedom from a conception of a redistributive State, as well as arguments in favor of a minimal state structure, restricted only to protection functions. In general, the research presents the debate carried out between the egalitarian liberalism of John Rawls, present in A Theory of Justice (TJ), and the free process liberalism of Robert Nozick.