Direito da Integração-Direito Interno: uma Interpretação Teleológica/Axiológica Rumo ao Direito Comunitário no Mercosul

Abstract

This article demonstrates the advances of community law in Mercosur and presents a new method of solving the antinomies of domestic and international law, based on a dialogue of complementarity between the internal rules and regulations of the Member States of Mercosur. It also demystifies the fact that law integration necessarily imposes a constitutional reform, when the constitutional mutation already allows it to be achieved, and it is up to the judiciary to play an important role in the construction of law rights. The dissertation of the present study is structured on a normative hypothesis (in a view of legal culturalism), explanatory and interpretative (teleological and axiological) of international treaties, supported by the teachings of the doctrinators Rodolfo Luis Vigo, Valerio Mazzuoli de Oliveira, Hildebrando Accioly, among other authors, who defend the supra-constitutional status of international treaties, especially those aimed at defending the personality of the person, not being a novelty in the world of “opinio doctorum”. In addition to the analysis of cases judged by the European Court and the Supreme Courts of the countries that compose the Mercosul. This study will also demonstrate the possibilities of this cooperation between the Member States of Mercosur, as part of a teleological interpretation of law, considering the legal culturalism and the new phenomenon of internationalism that we currently face. The European Community is the regional bloc that has been most successful in this complementarity between international and internal rules and regulations. Mercosur also faces this new era of law integration, however, not widely disseminated or studied in the academic world. It is necessary to ensure compliance of the integration treaties with the obligation to respect the principle of good faith in the commitments signed on an international level, as required by the Vienna Convention. The EU’s cooperation process is largely based not only on the existence of supranational judicial control exercised by the Court of Justice, but also on the understanding of the domestic courts as they come to understand the importance of the integration of domestic and international rules. We also understand that the norms derived from Mercosur have their applicability, effectiveness and full validity by teleological application of the constitutions of their member states.