Direito cosmopolita: regime jurídico ou apenas filosofia? Pressupostos, sistematização e o caso do direito de visita internacional

Abstract

This thesis aims at questioning the existence of the Cosmopolitan Law not only as a philosophical category, but also as a legal regime itself. To achieve so, this study investigates the Cosmopolitan Law s theoretical and material assumptions, agreeing with both its abstract and empiric existence as a proper legal regime. Under these assumptions, the Cosmopolitan Law is translated from a philosophical discourse to a legal one, being: (a) defined; (b) distinguished from the Natural Law, International Law, Community Law, and the International Law of Human Rights; and (c) systematized in accordance with certain categories which are relevant to the Law studies such as sources, object, subjects, sanctions and limits. Finally, a conceptually-elaborated outlining of the Cosmopolitan Law is verified in the concrete case of the right of visit to a foreign territory. This experiment leads to conclusions that favour the human rights effectiveness worldwide.