Abstract

FARIA NUNES, Paulo Henrique. Main Problems Concerning the Ratification and Denunciation of Treaties under the Brazilian Constitutional System. Cuest. Const. [online]. 2010, n.22, pp.115-131. ISSN 1405-9193.

In the last years, the works about the validity of the international treaties before the Brazilian law, specially after the approval of the constitutional amendment 45/2004. However, there are a lot of questions that must be discussed regarding the procedures by means of a State express its consent to be bound by a treaty, because the Brazilian legal system presents serious deficiencies. Ratification is the act "whereby a State establishes on the international plane its consent to be bound by a treaty"; nevertheless the observation of the internal procedures that precede the international ratification and the role played by the Executive and Legislative powers has such relevance; denunciation is included in the competences of the Brazilian. In conclusion, some suggestions are presented aiming the amelioration of the Brazilian constitutional system and the solution of its lacks concerning the ratification and the denunciation of treaties.

Keywords : Treaty; Ratification; Denunciation; International Law; Constitution.

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