Author(s) Abel Ricardo Sequeiros de Araújo de Almeida Carneiro
Advisor(s) Maria de Assunção do Vale Pereira
Synopsis The United Nations was created in 1945, following World War 2. Having as main objective the maintenance of international peace and security, in accordance with Article 1, paragraph 1, the Charter establishes a system of peacekeeping and collective security based on the principle of the prohibition of use of force, poured in article 2, paragraph 4, as a general rule, however consecrating two exceptions: self-defense under Article 51 of the CNU and a decision of the SC under Article 42 CNU. However, the system of peacekeeping and collective security as provided in CNU, never worked as expected. However, following Article 42 of the CNU, the Charter provided for the conclusion of agreements pursuant to Article 43 of the CNU, which would be controlled by a body which, despite being in the Charter, never worked as planned: the State Commission greater. Given the lack of conclusion of agreements in Article 43 of the CNU given the unwillingness of states to make available quotas for the establishment of a UN Force, the so-called Chapter VI of the Charter arises and a half. This Chapter VI and a half provides for the establishment of peacekeeping forces, the so-called peacekeeping forces that are an alternative to failure of the maintenance system of peace and collective security enshrined in the Charter. In the context of these forces, given the new kind of conflict that characterizes the post – Cold War, primarily internal, we have witnessed a paradigm shift that these forces of mere peacekeeping forces have evolved into peace enforcement forces in that members of the forces, in addition to having to deal with the “warlords”, must have a substantial civilian component to promote this dialogue, given the existence of serious humanitarian situations which violate human rights. Even as an alternative to the failure of the maintenance system of peace and collective security enshrined in the Charter, the Security Council has resorted to the use of force qualifications, in accordance with Article 53 of the CNU states or coalitions of states in what is called private use authorized under Chapter VIII of the CNU. Furthermore, there has been, since the war period – cold (with the consecration of the doctrines Kennedy and Reagan, the western side, and the Brezhnev Doctrine, the Soviet side) to the latest offensive against the Axis of Evil an attempt to extend the use of force in unconsecrated CNU.
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