Integração econômica e direito da integração: fundamentos do direito do mercosul.

Abstract

International economic relations have gone through deep changes in the past fifty years. Among these modifications, the regional economic integration has played a significant role. The present paper aims at providing an academic contribution to the organization of the legal principles relating to the economic integration processes, especially the MERCOSUR s. After presenting an overview of the economic integration theory, as well as the profile of the main economic communities in the current days, it has been possible to reach the conclusion that Law is simultaneously a requirement and a tool of the integration improvement. It has also been possible to verify the existence of an Integration Law, constituted by the rules that create an economically integrated area and that arise from the legal bodies formed thereat. The existence of a Community Law, which is the organizer of deeper integration processes, has also been verified. Undoubtedly, such Community Law is a part of Integration Law, but it also has specific attributes, such as immediate applicability, direct effect and priority. It has been demonstrated that Integration Law is part of International Economic Law that, by its turn, still seeks for its autonomy and integrates International Public Law. The paper also proves the existence of the MERSOCUR s Law, with guides this specific and imperfect customs alliance, and therefore constitutes a legitimate Integration Law. However, the paper reaches the conclusion that MERCOSUR s Law is not Community Law, because it lacks the attributes of immediate applicability and priority. And because it is based on the classic mechanism of reception, MERCOSUR s Law is fundamentally an Integration Regional Public International Law. In the end, it has been possible to verify that MERCOSUR s Law is part of International Economic Law and shelters, in its treaties, the legal concepts and standards of such special field of International Public Law.