The principle of uti possidetis and resolution system ruiano for limits issues during the First Republic

Abstract

During the First Republic there were many issues of boundaries between states. The resolution means were the most diverse, as direct agreements, formation of arbitration tribunals and actions in the Supreme Court. In such resolution means an argument has been widely used: the uti possidetis. In an embryonic process of our jurisprudence on the subject, and the reappearance of resignifications first caused a major debate in the Brazilian legal world. Among the lawyers, the one that used it was Rui Barbosa, who created a resolution system based on the Roman principle and has been used throughout the first republic by several lawyers. In this article we will discuss initially the main justification given by Rui to invoke the uti possidetis in matters of national law: the settlement system used in the negotiations between Portugal and Spain, perpetuated in eight. Then immediately discuss the settings and a new system presented by Rui Barbosa to the issues of interstate boundaries.