Direito Internacional Público e sua aplicação frente à soberania dos Estados

Abstract

This paper has as its main goal the analysis of the relativization of national sovereignty in relation to international law, specifically in the context of the apparent conflict of norms between treaties and Brazilian national law. Bibliographic and inductive methods were used to analyze the current scenario in relation to the application of it’s norms in the national legal system. The present work questions the relativization of sovereignty is a trend that is here to stay due to the advancement of globalization, however, this relativization would be a parallel to Rousseau's social contract on a macro scale, while man gives part of his freedom to live in peace in society, the State gives part of its sovereignty for the same purpose. Thus, the balance between sovereignty and the application of international law is in relation to the area that will be regulated, issues of international relevance and human rights are regulated by international law, while local issues and issues of local relevance are regulated by national law