Asilo diplomático: instituto regional latino-americano ou costume internacional?

• Autor(a) principal: Bernardina, Sarah Queiroz
• Data de Publicação: 2022
• 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/31553
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Asilo diplomático; Costume; Direito latino-americano; Direito internacional público; Diplomatic asylum; Custom; Latin American law; Public international law

The present study aimed to analyze the possibility of classifying the diplomatic asylum institute as an international custom, in opposition to the current majority understanding that this custom has a Latin American regional character. Diplomatic asylum is characterized by the granting of protection in a diplomatic place to a politically persecuted individual and this political bias is attributed to the great development of this kind of protection in Latin American countries, as they went through moments of high instability in their governments. However, several countries outside the American continent grant or accept the granting of such protection, which makes the issue relevant insofar as the repeated use of the institute by non-Latin American countries is observed. Despite this, the institute is classified as a regional custom. It was sought to analyze the reasons that lead to such classification and the adequacy of the institute to the usual classification criteria of international scope. The methodology was doctrinal and jurisprudential research, both nationally and internationally. At the end of the study, it was possible to conclude that diplomatic asylum has the necessary characteristics for classification as an international custom, which does not happen much more for political and international relations reasons than for international law itself