Ação por incumprimento: um mecanismo processual da União Européia inspirando o processo do Mercosul

Abstract

This work presents the problematic one of the adoption of the action for insult, one of the procedural mechanisms of communitarian justice, in the Latin American right of the Mercosul. For the resolution of the situation problem it was looked to stand out the main characteristics of the European Union and the Mercosul, main with respect to the current structure and to the way of solution of controversies, through the comparative analysis enters the existing divergences between these organisms. The European Union constitutes an organization, in which the European Community law is valid, with the forecast of procedural instruments that guarantee the correct observance of the common norms, serving of paradigm for the Mercosul. The material right to be effective needs procedural norms that assure correct observance and effectiveness of these, therefore the procedural mechanisms is very excellent for the concretion of the legal security that the international organizations need for magnifying of its process of integration. However, the adoption of the action for existing insult in the Union European in the Mercosul demands considerable modifications in the scope of the organization and its State-members, aiming at to the valuation of the communitarian interests, front to the effective values individualistic then.