Instrumentos de costume contra legem e praeter legem: a proposta do sistema de cotas e do mecanismo de solidariedade obrigatória da União Europeia

Abstract

The Dublin Regulation, which deals with the policy of granting asylum in the Union European Union, has one of the central points of the study presented here. In this one, it's willing that asylum seekers on the continent need to apply for asylum in the first country of entry in the block, which as the text progresses, we will see that it is not always possible. From its first use to days current, also due to the growing migratory crises, the Convention passed by changes that bring us the first counterpoint of the study: the Quota System and the attached use of the proposed Mandatory Solidarity Mechanism. these, used in a customary way, they leave it to the study to find out how a potential compliance with customary instruments Contra Legem and Praeter Legend. This happens because of the content that both have compared to what was up until then regulated. Thus, with the method used being the deductive one, the study walks through the current scenario of refugees, which remains worrying, the instruments of custom being used and how both are or are not custom instruments Contra Legem and Praeter Legem, in addition to future studies that this supposed compliance can generate and pave the way for the practical effects of compliance