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Revista Jurídica Derecho
versão impressa ISSN 2413-2810
Resumo
HUIZA PINTO, Severo Pablo. A critical look at the control of conventionality from the thought of michel foucault . Rev. Jur. Der. [online]. 2021, vol.10, n.15, pp.21-50. ISSN 2413-2810.
Abstract The present work is oriented to analyze the relations of power / knowledge in the control of conventionality. For this purpose, the archaeological method of Michel Foucault has been applied, which allows us to analyze the discursive practices and the rules of their formation of a certain time, seeking to question the discourses of universal characteristics. The results of this study show that conventionality control has the power to modify internal legal systems through the formation of dominant legal knowledge. Ultimately, this control of conventionality responds to the logic of international legal monism that advocates the unity of international law and domestic law, but with the prevalence of the former.
Palavras-chave : Concept of power; Knowledge; Control of conventionality.