The Relativisation of Sovereignty: Prenunciation of a New Social Contract in the International Plan

• Autor(a) principal: Oliveira, Emerson Ademir Borges de
• Data de Publicação: 2021
• Outros Autores: Martinez Heinrich Ferrer, Catharina, Mazin, Marcelo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/10077
• topic: Relativization; Sovereignty; State; Estado; Relativización; Soberanía; Estado; Relativização; Soberania; Direito Internacional

Initially, from a historical perspective, the evolutionary systematic of the concept of state sovereignty is offered. It so happens that, during this slow evolutionary process, factors emerged that accelerated the loss of effectiveness of sovereignty, previously conceived as absolute and perpetual power. While, currently, it is subject to factors such as: process of economic, legal, technological globalization and linked to the spread across the globe of transnational companies and financial markets, in addition to the consolidation of third-dimensional rights - eg, right to the environment ecologically balanced of an intergenerational character - based, fundamentally, on the United Nations Charter and the Universal Declaration of Human Rights. It is intended to demonstrate that this dynamic of transnational relations results in the progressive relativization of state sovereignty and, invariably, in the foreshadowing of a new global social contract. Thus, a panorama was formed that led to the crisis of the national state, which expresses a turning point between state sovereignty and the new paradigms imposed by international society, stabilized by consistent ties of interdependence between states. In the research, the inductive method and theoretical research were used, with related works, scientific works, legislation and specialized doctrines.