A invocação da soberania pelos Estados Unidos como limite à responsabilidade internacional: assimetrias estruturais do sistema jurídico internacional e reflexos na América Latina

Abstract

This study investigates the selective application of the principle of sovereignty in contemporary International Law, focusing on the actions of the United States in Latin America and their implications for State responsibility. It addresses the research problem of how sovereignty, legally conceived as a universal attribute of States and the foundation of sovereign equality, is applied differently according to each State's position within the international power structure. The central hypothesis is that sovereignty operates, in practice, as a selective prerogative: while it functions as a shield against international accountability when invoked by major powers, it faces significant limitations when claimed by peripheral States. To test this hypothesis, the research adopts a qualitative methodology based on bibliographical and documentary research, using a deductive approach grounded in critical International Law scholarship and the analysis of landmark cases involving United States actions in Latin America, particularly Nicaragua, Cuba, and Venezuela. The study first examines the historical development of sovereignty and its relationship with the colonial and neocolonial structures that shaped International Law. It then analyzes political, economic, and legal interventions carried out by the United States, highlighting the use of unilateral sanctions, economic coercion, and institutional mechanisms that constrain the autonomy of Latin American States. Finally, it demonstrates that, although the legal framework governing State responsibility establishes formal mechanisms for attributing internationally wrongful acts, its practical effectiveness remains conditioned by the hierarchical structure of the international order. The study concludes that sovereignty, rather than ensuring equal protection for all States, is selectively instrumentalized, contributing to the reproduction of power asymmetries, limiting the international responsibility of major powers, and reinforcing contemporary structures of dependence and domination.