A SOBERANIA ESTATAL BRASILEIRA FRENTE À GLOBALIZAÇÃO E OS SUJEITOS DE DIREITO INTERNACIONAL

Abstract

The present study analyzes the impacts produced on Brazilian state sovereignty by
the globalization process and by decisions of international law. During the 20th century, the globalization process began, which created an interdependent
relationship between states and contributed in the evolution of international law, by
bringing in new international subjects – among which, multinational companies – and
giving great importance to others who already existed, such as international
organizations. On these lines, the globalization process added to the concern with
human rights, which emerged from the Second World War, generated several
international institutions with the purpose of protecting the rights of the human person
and world peace, among which are the United Nations (UN) and the International
Criminal Court (ICC). In this sense, the development of this study takes place
through the indirect documentation technique, involving bibliographic research, and
through the method of inductive procedure. Thus, based on the analysis of the
formation of the state and of its constitutive elements, as well as on the study of the
globalization process and the evolution of international law, we intend to verify
whether sovereignty is still an essential characteristic of the state in the face of a
globalized world. Finally, we find that the real sovereignty of Brazil was and has been
mitigated in several ways. Therefore, it can no longer be said that it is an essential
characteristic of the Brazilian state.