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- Title
O DIÁLOGO ENTRE SISTEMAS CONSTITUCIONAIS E A PROTEÇÃO HUMANITÁRIA INTERNACIONAL: UMA QUESTÃO DE SOBERANIA.
- Authors
Azevedo Neto, Álvaro de Oliveira; de Vasconcelos, Jaqueline Maria
- Abstract
This article presents, in a timely manner, the concepts of constitution, sovereignty, and nation-state. Among other topics, it discusses specific cases that transcend national boundaries and may cause conflicts between legal rules. After that, it seeks to describe the phenomena of globalization and with the Post-Second World War scenario to create a parallel with the Systemic Theory of Niklas Luhmann. This author is source of inspiration for the transconstitucionalism theory, which includes the law, economics and politics as autonomous subsystems, with the power to reproduce themselves and conceptualize this practice as autopoiesis. The Systemic Theory begins to serve as reinforcement to demonstrate how the persecution is doomed by a sovereign Constitution. Thus, there is the emerging need for a legal system that, immersed in a complex and multi-centric society, does not abandon their principles and fundamentals but is dynamic and open to dialogue. The need to foster this exchange legal assumes that nonexistent insider's view, every observation has a limit, a "blind spot". The objective of this study was to present the gains in maintaining a guided structure in "conversation" between constitutional systems, aimed at answering the disputes arising in Brazil within the new global dynamics.
- Publication
Veredas FAVIP: Revista Eletrônica de Ciências e Cultura, 2015, Vol 8, Issue 1, p141
- ISSN
1679-1746
- Publication type
Article