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- Title
Direito internacional imperial e a circulação de uma cultura jurídica hegemônica: por uma matriz.
- Authors
Guilherme Leitão, Roberto; Guilherme Leitão, Rômulo
- Abstract
Understanding the problems and idiosyncrasies of development policies in Latin America, as a whole, and Brazil, in particular, permeates a critical analysis of world geopolitics and international law. Latin America, under a Eurocentric regional integration matrix, regionally homogeneous, and an ideology that involves methodological categories (center-periphery, metropolis-international law produce effects contrary to the geopolitical interests of the Latin American region? This is the main object of the article. Therefore, International Law must be conceived as a complex system, that is, as a system in which the interaction between actors and processes, in a space-time relationship, which presents its own diversity and dynamics. Indeed, an approximation must be made to the striking elements of the geopolitics of legal knowledge (International Law) and the models of economic development, consecrated by non-state international organizations. It is willing to face the issue of interference and constraints imposed by International Organizations, with the aim of promoting, financing, implementing the legal and political-institutional framework in Latin America. The article addresses the theories of legal-constitutional comparison, in a dynamic perspective of "legal flows", typical of the globalizing normative context, using the doctrinal foundations of the theory of legal transplants historically and culturally contextualized with the Latin American reality, with the purpose of consecrate identity and legitimizing foundation of International Law. By legal flows, communicative interactions are conceived that occur between legal operators of different legal orders and rationales. This normative dynamic produced imitations, migrations of constitutional ideas, constitutional borrowings between various legal orders. It should be noted, in the case of Latin America, the existence of voluntary transfers and others often violent, resulting from the theorization of the theory of imperial law consecrating the general process of Americanization of legal thought. As a consequence of the phenomenon, a dominant layer of legal systems around the world is formed and is produced, in the interests of international capital, by a variety of public and private institutions, and shared with a legitimacy gap. In this context, the aforementioned legislative model is shaped by a spectacular process of forcefulness, for the purposes of hegemonic domination, establishing and subordinating local legal arrangements around the world, reproducing on a worldwide scale the same phenomenon of legal dualism that until now has as a characteristic the international law of developing countries. The internationalization of political-institutional and legal models, with low democratic density, crosses borders, stains the National State and corrupts Political Sovereignty, leading to shocks and erosions in political systems that affect the normative paradigm both at the level of internal systems and in the social order. international and supranational. Reinforcing, Ferrajoli notes that "The West exported during the last century a model already in a state of national crisis, and, together, the illusion that there were sufficient guarantees for self-determination and independence." It happens, however, that such a model presupposes an anticipated decision-making process at the center of the world: that is, of policies decided "democratically" by the rich and influential majorities of a restricted number of western powers that control international institutions and the right resulting from them.
- Subjects
BRAZIL; WORLD Bank Group; INTERNATIONAL law; INTERNATIONAL economic integration; POLITICAL systems; JURISPRUDENCE; NATION-state; REGIONAL differences; SOFT law
- Publication
Revista de Direito Internacional, 2022, Vol 19, Issue 3, p52
- ISSN
2236-997X
- Publication type
Article
- DOI
10.5102/rdi.v19i3.8622