Os desafios da aplicação do fenômeno do transconstitucionalismo entre países-membros do Mercosul.

Abstract

One of the globalization´s reflexes is the state-owned sovereignty relativization which passes through mitigation caused by the strong interaction among States in reason of the trading blocs formation. A consequence of this process is the eventual collision when sovereignty States decide about the same subject whith opposite views. Whatever it is about a sovereignty State and a regional bloc conflict, whatever is an opposite decision over regional blocs ou even international organisms. Generally, monism and dualism were the commom form to solve these problems, however these ways are surpassed face their contraditions and anachronism. Thereby, transconstitucionalism emerge as an important form of conflict´s solution because it allows a better dialog over legislations making adequacy sense by diverse interests. The usage of transconstitucionalism by Mercosur member states to solve conflcts is not just satisfactory as very interesting, mainly in reason by the conflicts this trading bloc has faced. In a special way, using transconstitucionalim to ensure and promote human rights from Latin American people is accomplishing a great mission and aspiration of all region. For this, it was done a descritive search about objectives and bibliographic as procedures througt dedutive method.