negative duties
[/ˈnɛɡətɪv ˈduːtiz/]
noun
deveres negativos
1. Legal or moral obligations that require one to refrain from doing something or to not interfere with others' rights, as opposed to taking affirmative action
The government has negative duties to refrain from violating citizens' freedom of speech.
O governo tem deveres negativos de se abster de violar a liberdade de expressão dos cidadãos.
2. In ethics and philosophy, obligations defined by what one must NOT do rather than what one must actively do
Parents have negative duties not to abuse their children.
Os pais têm deveres negativos de não abusar de seus filhos.
3. In contract law, obligations requiring a party to refrain from performing certain actions
The contract includes negative duties preventing the employee from sharing trade secrets.
O contrato inclui deveres negativos impedindo o funcionário de compartilhar segredos comerciais.
The concept of negative duties is fundamental in both American constitutional law (emphasizing protection from government interference) and Brazilian legal tradition (influenced by both civil law and human rights frameworks). In philosophy and ethics courses across both Portuguese-speaking countries and the US, this distinction between negative and positive duties shapes debates on government responsibility, individual rights, and social obligations.
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