Análise das implicações jurídicas da sucessão do estado nos planos constitucional e internacional

Abstract

The subject of this article is the analysis of the legal implications of State Succession at the constitutional and international levels and aims to analyze these implications in the hypothetical scenario of a Succession, as well as cases of past Successions. More specifically, these aspects will be analyzed with regard to nationality, assets, archives, debts, treaties and the incorporation of legislation in the successor State. The research will have a deductive nature, since it is a general study and will use bibliographical sources for the composition of logical-legal conclusions about this important phenomenon. Nationality and legislation will be the biggest problems to be faced, since, as they are matters of domestic law and subject to the power of the State, they are not matters arranged, so far, in international treaties. Assets, archives and debts have their own treaty, but not incorporated into the national order, and, therefore, are not easily resolved in the midst of this phenomenon. International treaties also received special attention, because, even with a specific treaty for the incorporation of treaties in the succession of States (1983), each type of succession implies a specific development to be analyzed and with different solutions for practical cases.