Direito internacional e direitos fundamentais: a relativização da soberania nacional na implementação dos tratados internacionais sobre direitos humanos na Constituição da República de 1988

Abstract

Sovereignty is a concept through which the entire theory of the State is developed, as a specific field of legal and political knowledge. Therefore, this study aims to understand the current way of conceiving this concept, elaborated by the most brilliant authors of legal dogma, in the context of the relativization of sovereignty in favour of transnational law. To this end, the research in question will provide an overview of the sovereign State in three very distinct historical periods in order to identify the main changes in this concept. Furthermore, we will draw from Brazilian constitutional history, taking three constitutions to demonstrate how the concepts of sovereignty were applied in the Brazilian legal system, in order to understand the legal-historical process that led to the mechanisms of relativizing national sovereignty in order to place Brazil on the path of international human rights cooperation through the Pact of San José, Costa Rica, and the human rights systems that arise from the pact