Abstract

VIEIRA, Luciane Klein  and  MONTEIRO, Michelle Alves. Parameters for a concept of democracy applied Ushuaia Protocols: a proposed semantic analysis to Mercosur, from the inter-american democratic charter. Rev. secr. Trib. perm. revis. [online]. 2023, vol.11, n.20, e509.  Epub Sep 20, 2023. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a11.n20.e509.

Abstract: The article proposes a critical review of the Protocols on Democratic Commitment (Protocols of Ushuaia I and II), specifically the democratic clause, a vague and indeterminate legal concept, applied within the scope of MERCOSUR. To his end, the historical formation of the block will be addressed, as well as its concern in safeguarding the Democratic State of Law, through the analysis of the main legal instruments that address the subject and the way in which they have been applied to concrete cases. As a research problem, the following question arises: to what extent can the Inter-American Democratic Charter, created by the OAS, be used as an instrument to fill the gap left by the Protocols on Democratic Commitment, with regard to the concept of democracy? The working hypothesis sustains that the democratic clause of the aforementioned treaties, as it is silent on the concept of democracy for the purposes of its practical application, generates legal insecurity and instability in the region, requiring the presentation of a technical alternative so that a delimitation can be carried out appropriate semantics, reducing the hermeneutical spectrum and, simultaneously, increasing legal certainty in the adoption of an instrument with a high potential harmful to the health and maintenance of the bloc, and the Inter-American Democratic Charter could be the appropriate instrument for this desideratum. The working methods that were used to confirm the aforementioned hypothesis, which made it possible to reach the final conclusion regarding the need to fill the semantic gap through the indicatives contained in the Inter-American Charter, were the historical, the normative-descriptive and the comparative.

Keywords : MERCOSUR; Ushuaia Protocol; Democratic clause; Inter-American Democratic Charter..

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