Secessão remedial: uma exceção ao princípio da integridade territorial?

Abstract

This paper examines whether remedial secession may be considered a legitimate exception to the principle of territorial integrity, allowing, in exceptional circumstances, the recognition of a unilateral right to secede as an expression of internal self-determination aimed at redressing serious injustices. The central issue lies in the inherent tension between the territorial disruption resulting from secession and the preservation of the territorial status quo guaranteed by the principle of territorial integrity. The methodology adopted consists of bibliographic and documentary research, including the analysis of international legal instruments, jurisprudence from the International Court of Justice, particularly the Quebec and Kosovo cases, and the theoretical contributions of Buchanan and Cassese regarding remedial secession. The findings demonstrate both theoretical and jurisprudential support for recognizing remedial secession as an exception, provided that strict criteria are met. These include the existence of a systematically oppressed population, widespread human rights violations, and the exhaustion of peaceful and democratic remedies. The study concludes that remedial secession represents a legitimate, though exceptional, legal remedy that may function as a last resort in situations where a state persistently denies internal self-determination. Its application requires a more systematic framework of objective criteria and institutional mechanisms to prevent political misuse and to uphold international stability.