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Vol. 5 No. 2 (2025): Latin American Journal of European Studies

Vol. 5 No. 2 (2025): Latin American Journal of European Studies

PUBLISHED: 2025-19-12

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, currently supported by the Jean Monnet Network Policy Debate “BRIDGE Watch” project with funding from the Erasmus + Programme of the European Commission. With a focus on the editorial lines on European Union Law and Policies and International Relations of the European Union with third countries and Latin America, the tenth edition of the Journal also has a thematic dossier on “Digital Transformation and Innovative Solutions” organized by Fabíola Wüst Zibetti of the Universidad de Chile, (Chile). The tenth edition of the Journal is open for submissions until October 1st, 2025.

Full Issue

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Editorial

Aline Beltrame de Moura , Naiara Posenato

Abstract

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, currently supported by the Jean Monnet Network Policy Debate “BRIDGE Watch” project with funding from the Erasmus + Programme of the European Commission. With a focus on the editorial lines on European Union Law and Policies and International Relations of the European Union with third countries and Latin America, the tenth edition of the Journal also has a thematic dossier on “Digital Transformation and Innovative Solutions” organized by Fabíola Wüst Zibetti of the Universidad de Chile, (Chile). 

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Dossier

Authors:

 Milena da Fonseca Azevedo – https://orcid.org/0009-0008-8863-7327

 

Keywords:

  World Trade Organizations; Technical Barriers to Trade; Artificial Intelligence.

 

Abstract

This article examines the role of the World Trade Organization’s (WTO) Agreement on Technical Barriers to Trade (TBT Agreement) in addressing the regulatory challenges arising from the proliferation of artificial intelligence (AI) regulations. The objective is to assess how the TBT Agreement can facilitate international cooperation, enhance transparency, and mitigate regulatory fragmentation in the context of a “multilayered AI governance”. The methodology consists of a doctrinal analysis of the TBT Agreement’s provisions – particularly those related to transparency, notification, and the use of international standards – supplemented by case studies of recent AI regulatory measures, such as the European Union (EU)’s AI Act, and their treatment within the WTO system. The article also draws on WTO jurisprudence and empirical data on notifications and Specific Trade Concerns (STCs) to evaluate the practical application of the TBT framework to AI-related measures. The analysis demonstrates that the TBT Agreement’s mechanisms – especially the notification process and the encouragement of the use of international standards – are increasingly relevant for AI regulation. The TBT Committee has emerged as a unique forum for the preemptive discussion and peer review of national AI regulations, enabling Members to identify and address potential trade concerns before they escalate. In conclusion, the article argues that the TBT Agreement provides valuable tools for improving AI governance and reducing regulatory fragmentation, but also underscores the need for further reforms to ensure its continued effectiveness in the context of emerging digital technologies.

Milena da Fonseca Azevedo

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Authors:

Luiz Otávio Pimentel – https://orcid.org/0009-0003-2643-566X

Ana Paula Gomes Pinto – https://orcid.org/0000-0001-7689-5304.

Keywords: 

Standard Essential Patents; FRAND Licensing; SDGs.

Abstract

This article addresses Standard Essential Patents (SEPs) and Fair, Reasonable and Non-Discriminatory (FRAND) licensing, which are fundamental to digital transformation and contemporary technological innovation. It provides an introduction to the concepts, characteristics, and legal and economic implications for the topic. The study analyses the Brazilian context, examining public policies implemented from the perspective of the National Intellectual Property Strategy (ENPI) Action Plans, as well as administrative decisions issued by regulatory bodies and judicial rulings at both state and federal levels, including landmark cases that have shaped the understanding of this matter in the country. It discusses central challenges such as the need for transparency in the declaration of essential patents, the determination of fair and reasonable royalties, and the impact of judicial decisions on the Intellectual Property ecosystem. The article seeks to debate solutions that adequately balance patent owners’ rights, the promotion of competition, and democratic access to technology, aligning with potential contributions to the Sustainable Development Goals (SDGs). It concludes by highlighting current discussions and relevant questions for future debates on that matter.

Luiz Otávio Pimentel, Ana Paula Gomes Pinto

 

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Author:

Fabíola Wüst Zibetti – https://orcid.org/0000-0003-0752-0132. 

 

Keywords: 

Digital Economy. Essential Patents. International Trade. Services. Technical Standards. WTO.

Abstract

Within the context of the development of the global digital economy, Services Standards Essential Patents (SSEPs) represent a growing phenomenon characterized by patents indispensable for the provision of services in accordance with internationally accepted technical standards. Unlike traditional product-oriented Standard Essential Patents (SEPs), SSEPs apply to intangible services, which implementation occurs in software environments, telecommunications networks, and digital platforms, such as data transmission, multimedia encoding, federated authentication, and cloud interoperability. Considering this scenario, this article analyzes the regulatory challenges related to SSEPs within the Multilateral Trading System, examining some implications for the development of the digital economy. Given the lack of a regime that addresses the legal challenges posed by SSEPs in the multilateral sphere and the fragmentation of some domestic regimes that address this issue, it is concluded that the legal and commercial uncertainty for cross-border providers of digital services threatens to become a significant non-tariff barrier, distorting international trade in services.

Fabíola Wüst Zibetti

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Author: 

Danilo Garcia Caceres – https://orcid.org/0000-0002-7825-4022.

Keywords: 

Cloud Sovereignty; Digital Autonomy; Transnational Cyber Governance.

Abstract

This paper examines the intricate relationship between digital sovereignty, cloud computing, and international law, emphasizing how states seek to maintain autonomy and regulatory control in a globally interconnected digital environment. Digital sovereignty is conceptualized as encompassing legal authority, technological independence, and strategic governance over data and infrastructure. Within this framework, cloud computing emerges as both an essential driver of digital transformation and a vector of vulnerability, as reliance on global Cloud Service Providers (CSPs) redistributes jurisdictional and operational control. The study analyzes the shared responsibility model governing cloud security, highlighting the differentiated accountability between providers and users under IaaS, PaaS, and SaaS architectures. It explores how hybrid and multi-cloud environments heighten exposure to cyber risks, including cybercrime, espionage, and hacktivism, while challenging traditional notions of attribution and liability. Particular attention is given to the dual use nature of cloud infrastructure, as commercial services are increasingly exploited for offensive cyber operations, data exfiltration, and command and control activities by both non-state and state-sponsored actors. These practices complicate the application of international legal principles of sovereignty, due diligence, and state responsibility. Finally, the paper situates these dynamics within the broader debate on cloud sovereignty, contrasting the extraterritorial reach of instruments such as the U.S. CLOUD Act with the General Data Protection Regulation (GDPR) of the European Union. It argues that achieving a balance between transnational data flows and sovereign control requires robust international norms that reconcile technological interdependence with legal accountability in the digital age.

Danilo Garcia Caceres

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Author: 

Keren Susana Herrera Ciro – https://orcid.org/0000-0002-4100-9816.

Keywords: 

Cooperation; Integration; Digitalisation.

Abstract

This study aims to define the approach to be taken to Strategic Digital Cooperation between the European Union (EU) and Latin America and the Caribbean (LAC), addressing opportunities for digital integration, technology transfer, sustainable innovation and joint policy-making, through a review of the regulatory framework for the digital sphere and the European Digital Decade programme developed in the EU. It also examines the background to relations between the EU and Latin America and the Caribbean, how subregional integration processes have addressed digital transformation in LAC, and the differences and similarities between the two regions, analysing the importance, necessity and benefits of achieving Strategic Digital Cooperation between the EU and LAC. Such cooperation should lead to the creation and implementation of a Digital Integration Agenda for Latin America and the Caribbean, promoted, led and driven by the EU as a solid integration process that seeks global leadership in digital matters and strengthens the ties of cooperation between the two regions.

Keren Susana Herrera Ciro

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Authors: 

Álvaro Sampaio Corrêa Neto – https://orcid.org/0009-0009-2695-9256.

Cristina Mendes Bertoncini Corrêa – https://orcid.org/0009-0008-3795-682X.

Desirré Dornelles de Ávila Bollmann – https://orcid.org/0009-0005-6480-7836.

Keywords: 

Generative Artificial Intelligence (Generative AI); Fundamental Rights; EU AI Act; Brazilian Bill No. 2,338/2023;

Abstract

Artificial Intelligence (AI), particularly generative AI, is considered revolutionary and disruptive technology and, as such, has the potential to rapidly replace other technologies. Its rapid installation in social reality represents a challenge to the regulatory capacity of economic blocs and States. While it expands human capabilities in knowledge production, task automation, and content creation on an unprecedented scale, its use raises macro-structural risks related to fundamental rights, democracy, the world of work, and the environment. This article analyzes the European Artificial Intelligence Regulation (EU AI Act 2024/1689) and Brazilian Bill No. 2338/2023 and aims to identify mechanisms for addressing the risks associated with AI and evaluate their sufficiency in protecting fundamental rights. Based on Ulrich Beck’s concept of a risk society, we examine the difference between predictive (specialized) AI and generative AI and then analyze the risks to fundamental rights posed by these technologies. A significant convergence was found between the European and Brazilian regulatory frameworks, both grounded in risk-based proportional regulation and the centrality of fundamental rights protection. However, relevant gaps were identified: in the European model, challenges persist in regulating general-purpose (GPAI) systems and in the practical implementation of supervisory mechanisms; and in the Brazilian model, the absence of a clearly defined competent authority, insufficient technical standards for explainability, and deficiencies in the proportionality of sanctions. We concluded that, although consistent at the normative level, the European and Brazilian regimes still require additional regulation, greater institutional capacity for implementation, and stronger practices by independent authorities to ensure the effectiveness and immediate justiciability of fundamental rights in the context of artificial intelligence and its risks.

Álvaro Sampaio Corrêa Neto, Cristina Mendes Bertoncini Corrêa, Desirré Dornelles de Ávila Bollmann

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Author: 

Victória Fernandes de Moraes – https://orcid.org/0009-0004-6093-1330.

Keywords: 

Fundamental rights; Artificial Intelligence; European Union.

Abstract

On August 1, 2024, Regulation (EU) 2024/1689 of the European Parliament and of the Council entered into force, establishing harmonized rules on artificial intelligence, the so-called Artificial Intelligence Act (AI Act). Although its full application is scheduled for the coming years, the AI Act has already become a global regulatory milestone. Structured around a risk-based approach, the regulation seeks to ensure safety, transparency, and respect for fundamental rights. Through bibliographic and documentary review, this study analyzes the obligations imposed on high-risk AI systems under the AI Act, assessing whether the compliance and oversight mechanisms provided are sufficient to guarantee the protection of the fundamental rights of individuals potentially affected by their use. It is hypothesized that the effectiveness of these instruments remains uncertain regarding the assurance of fundamental rights protection, particularly due to the high technical complexity of artificial intelligence systems, the asymmetries between large corporations and small developers, and the rapid technological evolution, which continuously challenges the updating and adequacy of existing norms. Given the complexity and dynamism of the risks involved, it is concluded that the effectiveness of fundamental rights protection will depend on the adoption of complementary instruments and periodic reviews that ensure more agile and substantive regulatory responses, capable of preventing the AI Act from becoming obsolete in the face of constant technological transformations.

Victória Fernandes de Moraes

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Author: 

René Palacios Garita – https://orcid.org/0000-0001-7658-0441.

Keywords: 

Explainable Artificial Intelligence. Disinformation. Risks. Chatbots. Machine learning.

Abstract

The paper analyses the challenges of explainability of artificial intelligence, particularly in chatbots, focusing on the risks of misinformation, polarization and algorithmic discrimination. The evolution of chatbots is explored, from rule-based systems to advanced language models such as A.L.I.C.E.®, Replika®, ChatGPT®, Bard® and DeepSeek®. Furthermore, Explained Artificial Intelligence (XAI) is proposed as a solution to mitigate these risks through explainability of AI systems. Finally, the application of XAI principles in different chatbots is evaluated, identifying their strengths and weaknesses in terms of explainability, interpretability, and ethics. The paper concludes by highlighting the importance of XAI for responsible and ethical use of AI.

René Palacios Garita

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Author: 

Eduardo Kanahuati Fares – https://orcid.org/0009-0008-2838-6538.

Keywords: 

Convention 108; right to informational self-determination; right to personal data protection.

Abstract

The objective of the article is to analyze from a universal and regional approach of the European system, with a deductive methodology, the evolution of the recognition of the right to privacy, the right to informational self-determination and the protection of personal data, as well as the transnational efforts of the Council of Europe to replicate this vision as fundamental rights in other latitudes, particularly in the Inter-American system. This approach contrasts with the American perspective, which limits these rights to consumer rights. This paper examines the implications of the Council of Europe’s Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data. The document emphasizes the importance of international coordination as a fundamental value to address the challenges posed by violations of human rights in the digital environment. This consideration includes the jurisprudential dialogues and how the normative development within the European continent has been received and recognized by other regional systems, particularly the Inter-American system. In sum, it is concluded that the concept of these rights as fundamental is based on European considerations. These considerations aim to provide global protection to individuals in an interconnected world. This is contrary to other approaches that aim to limit protection to the context of commodification.

Eduardo Kanahuati Fares

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Author: 

Luis Clóvis Machado da Rocha Junior – https://orcid.org/0000-0002-9822-1498

Keywords: 

Constitutionalism; Sustainability; Future Generations; Intergenerational Justice; Digital Constitutionalism.

Abstract

This article examines the protection of future generations within the framework of digital constitutionalism, emphasizing sustainability and intergenerational responsibility. Drawing from landmark decisions by the German Constitutional Court (Neubauer v. Germany, 2021) and the ICHR (Advisory Opinion OC-32/2025), it demonstrates how intergenerational justice has become embedded in the structure of fundamental rights. The study builds on the philosophical foundations of Hans Jonas and John Rawls, linking them to the metanorm of sustainability and the emergence of digital constitutionalism, which extends human rights protection to the informational environment. highlighting that safeguarding the future is a condition for the Constitution’s own endurance.

Luis Clóvis Machado da Rocha Junior

 

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Author: 

Claudia Marchetti da Silva – https://orcid.org/0000-0002-4697-6530.

Keywords: 

Intelligent automation; intergenerational justice; social security.

Abstract

The article presents a critical and policy-oriented analysis the impact of intelligent automation on the intergenerational pact that underpins social security systems, emphasizing its potential to generate structural inequalities. It recognises that artificial intelligence systems contribute to the devaluation of living labour, the precarisation of employment, the obsolescence of professions and the concentration of wealth in the hands of private actors by relying on the appropriation of human skills and technical-scientific knowledge. Without adequate tax compensation mechanisms in place to replace human labour, intelligent automation undermines the contributory basis of pension systems and threatens intergenerational solidarity, particularly in contexts where companies exploit fiscal and regulatory loopholes. The article therefore argues for a rethink of the social security financing model, proposing the creation of specific fiscal instruments to redistribute the benefits of technological progress and ensure intergenerational justice. The main methodological approach adopted was legal-propositional, with a qualitative and theoretical-applied character. The research is grounded in the interpretation of legal norms, principles, and institutions, and, through critical analysis, formulates a concrete normative proposal: the creation of a social contribution levied on intelligent automation.

Claudia Marchetti da Silva

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Authors: 

Danielle de Ouro Mamed – https://orcid.org/0000-0002-7671-2499.

Cecílio Arnaldo Rivas Ayala – https://orcid.org/0000-0001-8828-4180.

Noelia Bernadett Ozuna González – https://orcid.org/0009-0009-0242-943.

Keywords: 

Socio-environmental law; cryptomining; socio-environmental impacts; ecological footprint; Paraguay.

Abstract

The advent of cryptocurrencies has inaugurated an era of financial innovation worldwide, but it has also brought with it complex challenges. In Paraguay, with its vast hydroelectric power generation capacity, cryptomining presents itself as an attractive economic opportunity. However, this activity has consequences that deserve a critical analysis from the perspective of environmental law and sustainable development. This article delves into the growing problem of cryptomining in Paraguayan territory from the perspective of sustainability and environmental justice. The main objective is to examine the duality of cryptomining: the promise of development versus the threat of excessive and socio-environmentally predatory energy exploitation. Specific objectives include: a) the environmental impact of cryptomining as an ethical-legal problem; b) the territorial and socio-environmental inequalities involved; and c) the study of the country’s current regulatory framework (or its absence), which has allowed the proliferation of mining “farms”. The applied methodology is the inductive method, starting from the specific situation to analyze it in the general context of the legal field, using bibliographic and documentary study. The work underscores the urgency of a robust state response that prioritizes energy sovereignty and environmental protection over a model that benefits a few at the expense of natural heritage.

Danielle de Ouro Mamed, Cecílio Arnaldo Rivas Ayala, Noelia Bernadett Ozuna González 

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Author: 

Claudio Eduardo Regis de Figueiredo e Silva – https://orcid.org/0000-0001-6550-7548

Keywords: 

Judiciary; digital transformation; artificial intelligence; ethical use.

Abstract

With a backlog of approximately 100 million cases, in recent decades the Brazilian Judiciary has made a concerted effort to digitize its whole collection of cases and make them available to users on online platforms. As a result, it is now possible to work in a fully digital way, including the adoption of artificial intelligence solutions. The implementation of such solutions has not been free from criticism, but the National Council of Justice has regulated and overseen their use through Resolution 615, dated March 11, 2025, which aims to ensure transparency, publicity, and an ethical, human-centered approach. The results are already beginning to be seen, and with that comes the possibility of a swift and efficient judicial service that ensures the realization of human rights.

Claudio Eduardo Regis de Figueiredo e Silva

 

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Authors: 

Maykon Marcos Júnior -https://orcid.org/0009-0002-5432-8995.
Guilherme de Brito Santos – https://orcid.org/0009-0005-8748-4814.
João Gabriel Mohr – https://orcid.org/0009-0004-5300-7940.
Andressa Silveira Viana Maurmann – https://orcid.org/0009-0004-7948-6708.
Luísa Bollmann – https://orcid.org/0009-0005-7285-7905.
Arthur Machado Capaverde – https://orcid.org/0009-0002-0544-9934.
Cristian Alexandre Alchini – https://orcid.org/0009-0004-2510-7338.
Maite Fortes Vieira – https://orcid.org/0009-0007-4229-5483.
Lucas de Castro Rodrigues Pereira – https://orcid.org/0009-0002-1510-3021.
Isabela Cristina Sabo – https://orcid.org/0000-0003-4246-3997.
Aires José Rover – https://orcid.org/0000-0003-1070-5357.

Keywords: 

Online Dispute Resolution; Explainable Artificial Intelligence; Predictive Model.

 

Abstract

This article presents the results of the Concil-IA Project, an interdisciplinary initiative developed at the Federal University of Santa Catarina (UFSC) in partnership with the institution’s Small Claims Court, aimed at creating an Artificial Intelligence (AI)-based Online Dispute Resolution (ODR) platform for consumer conflicts. The research consolidated its contributions into three main areas: predictive modeling, explainability, and validation of the digital interface. In the field of predictive modeling, a regression model was developed using 1,851 anonymized judicial decisions related to air transport disputes. Several Machine Learning techniques (Decision Tree, Random Forest, and AdaBoost) were tested, and the Decision Tree Regressor was selected for balancing performance, interpretability, and computational efficiency. The model achieved satisfactory results, with a mean absolute error of approximately R$ 1,672 and a root mean squared error of R$ 2,286, confirming its suitability for real-world conciliation scenarios.  Regarding explainability, Explainable Artificial Intelligence (XAI) methods were applied through SHAP (SHapley Additive exPlanations). This approach enabled both global interpretation of the model and local explanations for specific cases, highlighting as the most relevant factors in compensation predictions the flight delay or cancellation and the absence of assistance provided by the airline. Finally, the model was incorporated into a responsive web platform (concilia.ufsc.br / app.concilia.ufsc.br), developed in WordPress and validated with conciliators and court staff. Usability tests, carried out through structured questionnaires, showed high levels of acceptance, with average scores between 4.8 and 5.0 in clarity, organization, comfort, and perceived effectiveness. The findings confirm the technical feasibility and institutional relevance of Concil-IA as a digital innovation for conflict resolution, particularly judicial conciliation. Future steps include expanding the dataset, applying the platform to other areas of law, and strengthening its interoperability with national digital justice policies.

Maykon Marcos Júnior, Guilherme de Brito Santos, João Gabriel Mohr, Andressa Silveira Viana Maurmann, Luísa Bollmann, Arthur Machado Capaverde, Cristian Alexandre Alchini, Maite Fortes Vieira, Lucas de Castro Rodrigues Pereira, Isabela Cristina Sabo, Aires José Rover

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Authors: 

Elaine Sant’Anna de Carvalho – https://orcid.org/0009-0005-7114-5930.
Geanne Gschwendtner de Lima – https://orcid.org/0000-0003-2182-5901.
Thainá Schroeder Ribeiro – https://orcid.org/0009-0003-4950-0786.

Keywords: 

Electronic Contracts; Validity of Legal Transactions; WhatsApp.

Abstract

In a scenario of technological advancements, electronic platforms, especially WhatsApp, have become highly relevant tools for communication and transactions, with 2.95 billion global users and a 98% adoption rate in Brazil, where 79% use it for commercial interactions. WhatsApp is classified as “Social Commerce” due to its integration of social interaction and commercial transaction, with features such as payment links and digital catalogs. This paper analyzes the validity of legal transactions conducted via WhatsApp, exploring the absence of physical signatures in conditional agreements. It therefore seeks to understand the validity of such agreements in light of the lack of specific legislation, proposing alternatives to strengthen legal certainty in digital transactions. The central hypothesis is that, despite their informality, these contracts are valid, but it highlights the urgent need for regulation and improvements to the app and to secure practices. The objective is to understand the validity of these agreements in the absence of specific legislation, proposing applicable alternatives for such transactions in order to strengthen legal certainty in digital transactions, following European models. The research, in its final considerations, concludes that the effectiveness of agreements via WhatsApp is recognized, even in the absence of specific legislation, requiring adaptations of the Law to technological innovations and a flexible interpretation combined with legislative innovations at the international level.

Elaine Sant’Anna de Carvalho
Geanne Gschwendtner de Lima
Thainá Schroeder Ribeiro

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Articles

Author: 

Manuel Becerra Ramírez – https://orcid.org/0000-0003-3957-9446.

Keywords: 

Human rights, non-compliance with the judgments of the Inter-American Court of Human Rights; reform of the Inter-American Court of Human Rights.

Abstract

In this paper, we analyze what we consider to be weaknesses of the Inter-American system to reflect on the changes that could strengthen it. As part of these weaknesses, we refer to its membership, which has been declining over time, and to the lack of compliance with its jurisprudential decisions. In the interest of defending human rights, we must reflect on the changes or improvements necessary to achieve effective compliance with the obligations assumed by the members of the current Interamerican system of human rights. As a point of reference, we mention some aspects of the European Court of Human Rights.

Manuel Becerra Ramírez

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Authors: 

Carol Jazmín Orbegoso Moreno – https://orcid.org/0000-0003-1258-240X.
Patricia Cristina Vega Pacheco – https://orcid.org/0000-0002-2358-6863.
Jose Rodrigo Alva Gastañadui – https://orcid.org/0000-0002-9831-7764.

Keywords: 

EU Sanctions, Human Rights, IAHRS, Effectiveness.

Abstract

This paper analyzes the European Union’s Global Human Rights Sanctions Regime (EU GHRSR), an instrument designed to respond to gross violations of rights worldwide. The main objective is to assess the effectiveness of the EU GHRSR in the Latin American context, especially when compared to the mechanisms of the Inter-American Human Rights System (IAHRS). A qualitative methodology is employed, primarily based on the documentary analysis of regulations and official sources, as well as the review of relevant academic literature and the study of specific cases. The main findings indicate that the effectiveness of the EU GHRSR is nuanced. While it offers a pathway for accountability, it faces significant challenges for its effective application in Latin America. The central conclusion is that the EU GHRSR constitutes an important tool in the EU’s arsenal for human rights’ effectiveness, but its impact and legitimacy, particularly in Latin America, require improvements in its coherence, transparency, and, crucially, in its strategic articulation with regional systems like the IAHRS to foster more robust and coordinated protection.

Carol Jazmín Orbegoso Moreno, Patricia Cristina Vega Pacheco, Jose Rodrigo Alva Gastañadui

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Author: 

Nuria Puentes Ruiz – https://orcid.org/0009-0003-0154-3998.

Keywords: 

Rule of Law, European Union, Latin America and Caribbean; International Development Cooperation.

Abstract

The European Union initialled the Neighbourhood, Development Cooperation and International Cooperation Instrument, in Regulation 2021/947, as a tool to increase the ecumenical positioning of the organisation. To this end, the promotion of European values in third countries, such as those in the Latin American and Caribbean region, was envisaged. In this research, and following the guidelines set out in the aforementioned Regulation, the aim is to analyse the concept of the rule of law applicable to relations between the European Union and Latin America and the Caribbean. To this end, it will focus mainly on the convulsive times experienced in both regions, given that they may have been a cause of the decrease in the Rule of Law index which, according to the public perception, the States suffer from, and which are beginning to be reflected in the global reports of associations and entities of the third social sector. Likewise, in relation to the Sustainable Development Goals, as a universal measure of progress in the sustainable resilience of States, goal number 16 on ‘peace, justice and strong institutions’ will be studied, looking at its application in its interconnection with the Instrument in the Latin American and Caribbean region. This will allow us to reach conclusions regarding the suitability of the European Union’s Democracy and Rule of Law Instrument as a form of its international development cooperation with regionalisation in Latin America and the possibility of using the rule of law as a unifying element between the two regions.

Nuria Puentes Ruiz

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