Abstract

SGARBOSSA, Luís Fernando  and  IENSUE, Geziela. Circulation of fundamental models, rights and guarantees: the case of the Mexican “shelter”. Opin. jurid. [online]. 2017, vol.16, n.32, pp.155-168. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v16n32a6.

Comparative law examines, among other aspects, the circulation of models between different legal systems. An interesting aspect in this analysis, still lacking further study, is the circulation of models between national legal systems and the international legal system, which can occur in both directions. This article examines a case of circulation of legal models between national systems, and between a national system and the International Law system on Human Rights, in the light of the concept of “shelter”, which originates from Mexican Constitutional Law. It is proposed therefore to examine how that constitutional system influenced a number of other legal systems, not only in Latin America but also in other continents, and how it influenced also international law through the concept of “shelter”, leaving its mark on important international documents and instruments of integral protection of Global and Inter-American Systems of protection of Human Rights.

Keywords : circulation of legal models; Mexican shelter; national legal systems; international law.

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