O mundo multipolar e a ordem metaconstitucional: desafios e perspectivas decorrentes da guerra da Ucrânia

Metaconstitutionalism and Multipolarity: challenges and perspectives arising from the war in Ukraine

Resumo

The recent war in Ukraine has demonstrated that concepts inherent to the international legal field and geopolitics need to be reviewed and updated. In this context, the present work aims to analyze the challenges and perspectives that arise for the construction of a multipolar and metaconstitutional world arising from international crises, notably the War in Ukraine and the Hamas x Israel Conflict. Thus, we intend to demonstrate that the metaconstitutional order of International Human Rights Law (IHRL) and International Humanitarian Law (IHL) acquires complex and relevant features in the military scenario. In effect, the movements on the geopolitical chessboard reveal the leading role of several countries in support of Ukraine, some linked by a collective defense pact, that is, the North Atlantic Treaty Organization (NATO); others, aligned with the Kremlin, also due to security interests and hegemonic engagement of the bloc. The outcome of the current armed conflict in Ukraine could represent an important watershed for the consolidation of a new multipolar geopolitical order, the founding basis for the implementation of a new meta-constitutional legal order of human rights, in which the protection of human rights transcends the borders of the sovereign state.