Soberania nacional: conflito da ordem constitucional com ingresso dos tratados internacionais.

Abstract

The sovereignty corresponds to an element constitutive of the state, representing on intern legal system the supreme power to be exercised and, in international legal order, the balance needed to put the Sovereign State in an equality level regarding to other nations. Front of the importance exercised by the sovereignty, this paper aims to study the relativization that the sovereign power has been suffering considering the international order rules. To elaborate this work were used: the approach of the deductive method, historical comparative procedure, exegetical juridical procedure and the exploratory research technique, which has theoretical character, by reading books, scholar papers and juridical documents which base the relativization of sovereignty thematic front of the international treaties. In that same line, it’s corrently necessary to highlight the influence that international treaties have been exercising on Federal Constitution and in other rules of Brazilian legal system. The international treaties have a huge relevance protecting fundamental rights and guarantees, on political and economical topics. The present study originated through the following problematic: the conflicts between the legal and international law result in the relaxation of national sovereignty in relation to international interests? Aiming to solve eventual conflicts, it was established the hierarchy among the treaties and their positions inside the national legal system. This way, we can notice that the Nations tend to firm international treaties hoping for a mutual development. Meanwhile, this advance must be made carefully, in order to national sovereignty do not be relaxed in favor of individual interest of some Nation.