Positivity of jus cogens in international law

• Grant number: 17/02637-7
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: December 01, 2017
• End date: November 30, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Caio Gracco Pinheiro Dias
• Grantee: João José Turri Brufatto
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The objects of our research consist in verifying whether norms of jus cogens are norms of positive law, within the theory of legal positivism, in the international legal order and, especially, in international praxis. The scope of the study of the cases will be demonstrated, in this hypothesis, a methodological factor for the understanding of the research. In the meantime, it is inevitable that legal and political matters help us in this endeavor, since we will go into matters dedicated to political regimes, to stability/order, to tolerance, to morality, to the media, to communication, to information society, to the structure of legal norms, to constitutionalism, among others related. Even though the number of documents to be researched is extensive, this Scientific Initiation will include books and articles from the last decades, since jus cogens is, at first, a relatively new international phenomenon in the legal world (although references can be made to other historical facts of the same nature). This outline, conclusions, still in the process of elaboration, may highlight a new model of international contemporary society, in view of the effects of the positive configuration of jus cogens in the international legal system. (AU)