O papel do MERCOSUL no processo de integração regional na América do Sul e a instituição de uma corte de justiça supranacional

Content Provider	Semantic Scholar
Author	Thay, Simone
Copyright Year	2018
Abstract	The following work has as its primary purpose the analysis as to the possibility and the need to create a supranational court of justice within the South American Common Market (MERCOSUL) dispute resolution system. For this purpose, it starts off with the assessment of the integration phenomenon occurring in the world and, more specifically, in South America, its objectives, its historical origin and the phases in which the State must go through in order to achieve a full integration with other neighboring countries. Afterwards, it examines the characteristics of the South American countries in order to enumerate its similarities and distinctions, enabling the identification of the challenges that they must overcome to achieve regional integration in the South American subcontinent. Subsequently, it studies the historical development of the regional integration, since the creation of the Economic Commission for Latin America and the Caribbean (ECLAC) until the Union of South American Nations (USAN). It’s also important, in order to achieve the main purpose of this work, study the concepts of sovereignty and supranationalism, to affirm that the latter one doesn ́t violate, by any means, the Estate sovereignty but, nevertheless, it ́s necessary a constitutional reform, at least for Brazil, to introduce supranationalism into the national legal system. Chapter 2 is entirely focused on the study of MERCOSUL, including its origin, its objectives, its important role played within the region and, most significantly, its institutional structure, calling attention to its intergovernmental feature. Finally, chapter 3 is aimed to describe the characteristics of a supranational court of justice to be created for MERCOSUL, whose main purpose would be to settle commercial disputes through judicial decisions that must prevail over the national legal system and must be immediately effective within the national territories. In this context, the position held in this work is that there is no need, at least initially, for the judicial body to analyze disputes that involves human rights violation or breach of democratic institutions, mainly to avoid a conflict of competence with the InterAmerican Court of Human Rights. At last, this work focuses on the need to grant direct access to individuals and private companies to the supranational court of justice in order to diminish the democratic deficit.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://repositorio.ufba.br/ri/bitstream/ri/27376/1/Simone%20Thay%20Wey%20Lee.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article