A identificação do costume internacional pelo Supremo Tribunal Federal (STF)
Despite the current multiplication of treaties and written conventions at a global level, the custom still retains a prominent position among the sources of international law. Thus, the present research elects as problematic the following question: does the Brazilian Supreme Court establish criteria...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/53819 |
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| Resumo: | Despite the current multiplication of treaties and written conventions at a global level, the custom still retains a prominent position among the sources of international law. Thus, the present research elects as problematic the following question: does the Brazilian Supreme Court establish criteria for the identification of the international custom? To answer it, the constitutive elements of customary international law were examined; the role of the Supreme Court in the application of these norms was investigated; and a survey was carried out of the jurisprudence of the referred Court regarding the subject. This investigation is justified by the scarcity of research on the subject, as well as the relevance of the conclusions reached here for achieving a legal certainty and predictability regarding the treatment of the matter in Brazil. Methodologically, the research adopted the inductive method, with an exploratory objective and a quali-quantitative approach, based on the technical procedures of bibliographical and jurisprudential research. In the end, it was concluded that the Brazilian Supreme Court does not have solid criteria for identifying international custom, and its methodology is linked to the reproduction of doctrinal and jurisprudential statements, keeping a certain shyness and resistance in dealing with the subject. It was emphasized, however, that the manifestations that effectively address customary international law in the aforementioned Court are very scarce, so there is still room for improvements and advances in such methods in future decisions, which is why it is suggested a revisit to this research on an opportune occasion. |
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