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The interlacements of legislative orders: a critical analysis of parliamentary diplomacy and legislative process in the European Union/Member States and FIFA/Brazil cases

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Author(s):
Cicero Krupp da Luz
Total Authors: 1
Document type: Doctoral Thesis
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Instituto de Relações Internacionais (IRI)
Defense date:
Examining board members:
Deisy de Freitas Lima Ventura; Michelle Ratton Sanchez Badin; Clarissa Franzoi Dri; Marcelo de Almeida Medeiros; Janina Onuki
Advisor: Deisy de Freitas Lima Ventura
Abstract

The interlacements of legislatives orders involve the legal and political structures crossing of different levels : international , transnational , supranational and national . The interlacements analysis through the parliamentary diplomacy and legislative outlook generate a critical assessment capacity around its legitimacy. The thesis\' theme is the Legislative Power, one of the pillars of democratic practice of the vast majority of states in the twenty-first century, ensuring representation to the political process. The Legislative Power consists in the sovereign and legitimate delegation to making the law applicable in a given territory. Although funded in national constitutions, the Legislative Power has not been studied in international relations. However, the increasing incorporation of international law at the domestic level raises the question of the democratic legitimacy of the development of such norms. Therefore, it will be developed by its two founding concepts: process and legislative representation. The legislative process is understood as ideology, because even as a procedure or form it is identified as a structure power that prioritizes given results. Its analysis is proposed here through the parallels between national and extranational legal orders. The legislative representation is addressed through the concept of parliamentary diplomacy which includes a disorderly series of activities and powers of parliament or parliamentary procedures in international relations. Thus, this concept will be systematized by two levels: first, the democratic level with an unelected/elected code; and a second level concerning its functions: legislative, accountable and/or diplomatic. As a theoretical basis, we seek shelter in transconstitutionalism and the critical theory of international relations. As a method, it is used a theoretical review on exploration of case studies. The cases show the existence of interlacements of political orders in two relationships: supranational/national and transnational/national. However, it produces opposite results. While the European Union has an interlacement consisting, transparent, legitimate and endowed with mechanisms of participation, with the relationship between supranational institutions and their Member States, the football lex sportiva produces interlacement opaque, illegitimate and hermetic in relation to the participation of its transnational order with the Brazilian state legislative process. (AU)

FAPESP's process: 09/12494-2 - The interlacements of legislative orders: a critical analysis of parliamentary diplomacy and legislative process in the European Union/Member States and FIFA/Brazil cases.
Grantee:Cicero Krupp da Luz
Support Opportunities: Scholarships in Brazil - Doctorate