A dinâmica da solução de controvérsias no âmbito do MERCOSUL: análise da atuação com o advento do Protocolo de Olivos

• Autor(a) principal: Silva, Vitor Almeida Ribeiro
• Data de Publicação: 2009
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36809
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Mercosul; Solução de controvérsias; Protocolo de Olivos; MERCOSUL; Solution of controversies; Olivos protocol

This work aims at discussing the solution of controversies in the scope of the Southen Common Market (MERCOSUL) extending the knowledge on the solutions for the litigations method adopted in this regional trade agreement, from its beginning until the advent of Olivos Protocol, current legal instrument that regulates these procedures in MERCOSUL. This research was based on bibliographical survey on the subject, covering the historical process for this regional trade agreement formation and its development, as well as its organizational and legal structures. Part of this research was the economic importance of this regional trade agreement for its States Parts and around Latin America, therefore fortifying the importation in analyzing the thematic of the work. The last stage was characterized by the elaboration of a comparative analysis between MERCOSUL current model and the European Union model. Concluded that the dispute resolution system of the MERCOSUL is built on the principles of pragmatism, realism and gradualism, thus providing more flexibility favoring the negotiated solution, fundamental for countries that have politics and economics instabilities and external influence, although have expert's discussions and opinions about the necessity to adopt one system for the solution of controversies based on supranational juridical order as occurred in European Union where assures more interpretation and application uniformity are assured.