UMA RELEITURA DA ORDEM PÚBLICA NO DIREITO INTERNACIONAL PRIVADO À LUZ DOS DIREITOS HUMANOS

Thiago Assunção
2016 Figshare  
The recognition of the human rights at international level, with the creation of protection systems, brought a centrality to the doctrine of human rights, which started to influence and impose conditions to the application of the law in all spheres. The private international law, which is typically characterized by offering regulatory solutions to conflicts of laws between states, has been transforming and adapting to this new reality. One of the most important institutes of discipline, public
more » ... olicy, could gain new dimensions in the light of the rights of the human person, as these rights emerge in importance and are increasingly influencing all branches of international law. This article seeks to analyze, beyond the typical function of the public policy exception, used in the conflict of laws, its possible role of promoter of internationally recognized human rights, in the wake of the theory of Professor Jacob Dolinger. The focus of the study is essentially a search for content to the concept of "universal public order" crafted by the jurist, departing from the reflection on the essential values ​​of the international community.
doi:10.6084/m9.figshare.3409084.v1 fatcat:s4ybwomo5bhyzft7rlxvgnzoaa