The contribution of the courts of the states of MERCOSUR in the development of the statute of citizenshipt

Abstract

The Statute of Citizenship of MERCOSUR was conceived as a response to the need of considering the individual as part of the process of regional integration, compromised by its intergovernmental character, based on the mutual agreement of its members, not always, is oriented toward integration. This article postulates a change of paradigms: from the political management of the Executive, to the protection of rights of the Judiciary. National courts are used to respect foreigners, to apply alien law, and, to consider foreign precedents. They can, therefore, strengthen the structure which sustains Mercosur’s citizenship: the freedom to establish residence, the free exercise of labor, and, the correction of the democracy deficit. The sole obstacle is the deference to the opinions and interpretations performed by the Executive. This article suggests that in this case there are still important judicial opinions, as those in the European Union, which must be followed, in addition, it is necessary the autonomy of national courts to build regional integration and, consequently, MERCOSUR’s citizenship.