OLIVEIRA FILHO, C. N. T.; http://lattes.cnpq.br/8430788654013197; OLIVEIRA FILHO, César Ney Teixeira de.
Resumen:
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.