Por uma teoria jurídica da integração regional: a inter-relação direito interno, direito internacional público e direito da integração

Abstract

The relations derived from the regional integration process are analyzed in this article from the need to formulate its own legal theory that can explain the phenomenon of integration from the point of view of the method, object and own sources. In this sense, the objective of this study is to investigate to what extent can determine the existence of a specific method, its own and autonomous sources of a predetermined object and also individual recipients that allow verify the construction and development of a different legal theory of the parameters established by international law classic cut, given that the analysis of regional integration can not subdue the postulates of a right which does not adequately explain these new shapes and blocks. The methodology is anchored mainly on the inductive method, as this study is examining the assumptions necessary to formulate a legal theory of integration based on the defense of autonomy that the subject deserves. We conclude that the right of integration is used from traditional methods of study and research as well as interpretation, although its application is set differently given the existence of own and autonomous sources; the object itself as a theory element linked to the presence of state actors can also be checked, especially when we analyze the new look assumed by the constituent elements of the state, from the changes brought about by regional integration.