Consideraciones acerca de la prospectiva del sistema de solución de controversias del MERCOSUR

Abstract

In the following lines the author will try to approach the constitutional dimension of the integration process, to explain if the countries that integrate the Mercosur (as partners founders) are compared constitutionally and, consequently, normatively prepared to confront the rising of a supranational structure. Also, emphasize that the institutional MERCOSUR’s structure and its mechanisms of resolution of effective conflicts do not turn out suitable to answer the exigencies and challenges that the prospective existence of a common market will face and that, naturally, will be quantitative and qualitatively more important that those than go off from the fragility of the present integration stage. Finally, the proposals of the author will be delineated, an ideal and another one of transition, to surpass some imperfections that the present system of solution of divergences in MERCOSUR, in particular, and the effective institutional scheme demonstrates, in general.