Direitos Humanos como fator transformador do conceito de soberania e facilitadores de uma comunidade internacional

Abstract

The present article deals with state sovereignty and human rights when analyzed in their historicity and their present relationship in the contemporary society, aiming to demonstrate that both concepts, although impacting on each other, are capable of coexisting. For this purpose, the concept of sovereignty is presented in a logic of historicity, from its classic development to its contemporary understanding, the latter situated in an international order with several new demands, one of them being the international protection of human rights. Moreover, methodologically, an analysis of international instruments that was able to demonstrate the interference that one element (sovereignty or human rights) presents over the other was conducted. Accordingly to the reasoning developed, the thesis of human rights as a transforming factor of the concept of sovereignty is presented. Furthermore, it is concluded that human rights allow a contemporary conception of sovereignty and work as facilitators of the practical conception of an international community.