THE LEGAL REGIME OF THE INTERESTS OF HUMANITY

Abstract

The consolidation of the legal regime of the interests of humanity is an emergency of the international community to reject the discourse of dehumanization in the context of the humanization of International Law. One of the greatest precursors of this legal regime was Professor Cançado Trindade, who worked tirelessly to register the idea that the reason of humanity supersedes the reason of the State. The Professor also developed the idea that it was necessary to return to the doctrine of the founders of International Law in order to resume the consideration of the human being as the center of concern of the legal system of international law. In this context, the general objective of this article will be to analyze two of the jurist's votes, the Concurring Opinion, proffered in OC 18/03, of the IACHR, and the Separate Opinion, proffered in the case of Gambia v. Myanmar, of the ICJ, highlighting the main institutes that permeated the ideas contained therein. In turn, the specific objective of the article is to highlight how the ideas developed by the Professor contributed to the construction of the legal regime of the interests of humanity. The deductive method was chosen, with the technique of indirect documentation and the procedure of doctrine, jurisprudence and legislation analysis, taking the legal institutes listed in the two votes as premises to reach the conclusion that the legal regime of the interests of humanity exists. Thus, the paper argues that humanity is a subject of international human rights law, a relevant aspect that is justified in the face of the growing movement of dehumanization experienced by the international community.