THE LEGAL NATURE OF DIPLOMATIC ASYLUM: THE PROTECTION AND DEFENSE OF HUMAN RIGHTS BEFORE THE DISCRETION OF THE ADMINISTRATIVE ACT
1. Protection of Human Rights; 2. Diplomatic Asylum; 3. Constitution of 1988.
The discussion on diplomatic asylum as an instrument for the protection and defense of human rights is fundamentally important given the recognition of the human being as a central element of contemporary international law. In Brazil, the 1988 Constitution, in establishing principles to be followed in international relations, pointed to the need of adapting strictly sovereign concepts to the defense of human rights. The main objective of the dissertation is to discuss the legal nature of the concessive act of diplomatic asylum, presenting that the Brazilian constitution imposes a re-reading of its classification to place it as an act of bounding nature considering the imposition of the prevalence of human rights as one of the principles to be followed by the country in its international relations.