DIMENSÕES DA COOPERAÇÃO JURÍDICA INTERNACIONAL: DO DIREITO À COOPERAÇÃO AO DEVER DE COOPERAR

Given the intense flow of people and human activities that transit beyond the porous borders of States, there is a clear failure of the State jurisdiction empire and an urgent need to develop a new paradigm for understanding the relationship between the States and the subject, acts and claims under their jurisdiction. International judicial cooperation, in its various instruments, is at the heart of this new paradigm, in a context of reinterpretation of sovereignty and jurisdiction, and towards the universal jurisdiction as an international value. This paper analyzes the different dimensions of international judicial cooperation, with special focus on the reflection about the existence of a right of cooperation and a duty to cooperate, in the light of materializing human rights of persons involved. With this intent, the paper is developed through a systemic analysis of doctrine and international jurisprudence in this regard.