Intervenção humanitária como instrumento de proteção dos direitos humanos no direito internacional

Abstract

This work aims to examine the institution of humanitarian intervention, showing that the use of the intervention is legitimate when it seeks to protect human rights. In the line with this principal idea, we will also analyze the changes that the classical concept of sovereignty has suffered and has been suffered over time. This approach will be contextualized under the aegis of International Law. We will demonstrate that the classical concept of sovereignty has become unsustainable, bringing the protection of human rights as a limiting factor by the expression of this power. It is in this context that arises the protective international law of human rights, using as an instrument the legitimate humanitarian intervention in order to effectuate the protection desired. The topic is justified by its timeliness and relevance to the deepening of the new contour that the concept of sovereignty has suffered over time, such as the state sovereignty should be exercised, because of the increasing relevance of the protective order human rights in the international context. It is fundamentally important the maturation of this issue, because we want to discuss the clash of opposing forces, doing that the new understanding of the concept of state sovereignty triumphes over traditional understanding of sovereignty, breaking definitively with the paradigms that link the sovereignty as a power unconditionable, absolute, supreme, because this concept has led to claims of ineffective protective of human rights internationally. It is through this sense that we will try to demonstrate that an abuse of human rights is not justified under the guise by the concept of absolute sovereignty. It should be emphasized that the protective claims of human rights in the international level is not antagonistic to the state sovereignty, first of all must be harmonized so that they can share the same concept, finding the sovereign its legitimacy on the protection of human rights by its citizens.