Constitucionalismo e relações internacionais: interpretação dos princípios do artigo 4º da Constituição Brasileira à luz da jurisprudência do STF

Abstract

The constitutional principles of the Federative Republic of Brazil in its international relations are the object of analysis in this essay. The principles discussed here are envisaged in article 4ͭʰ of the Constitution of 1988 and constitute a new paradigm of the Brazilian State, which represents the democratization process and integration with the international society. To understand these principles positivization, it is necessary the study of approximation between international law and constitutional law, along with the evolution of the concept of sovereignty. And, in this context, emerged a flexible and exposed constitutionalism face of the needs of a plural society, which provided an opening process of the Constitution to the international law. Thus, was occurred the positivization of general principles of international order, already consolidated in international treaties and Constitutions of other States. It is recognized that the principles of article 4 have a trait markedly political, in that they direct the action to be taken by the country in its international relations. In this sense, the doctrinal position relevant to each of the principles is examined and the jurisprudence of the Supreme Court is analyzed, focusing on how they are interpreted within the legal and real possibilities. It was concluded that this principles are important in both the international, to the proper insertion of the country in international society, and the internal, as interpretive guidance and limits for the legislature, although their application by the Supreme Court is still scarce.