The Foundational Myth of Mercosur and the European Union Analogy

This Article criticizes two trends on the Brazilian literature of communitarian law: A mental exercise that can only be termed as an "EU analogy" and a need to evoke the Congress of Panama of 1826 as the origin of Mercosur. As odd as it may seem, those trends are somewhat connected. Comparisons between the European Union and Mercosur abound in scholarly works, and they became so popular that a more simplified version of this comparison came into being. When explaining the current dilemma that Mercosur faces-or any other predicament as well-Brazilian scholars often tend to provide only one solution consisting in a vague reference to the supranational character of the European Union. This reference appears out of context and solves any problem. A trend so common as the EU analogy exemplifies that some Brazilian experts on communitarian law have also assumed an idealized version of our neighbors' take on the Latin America integration. Apparently, Mercosur dates back to the Congress of Panama of 1826 and Simon Bolivar's ideals on Latin American integration. The story faces several historical obstacles and yet has spread so rapidly that it has acquired the stature of a true myth. This work presents these two inclinations and contends that one relies on the other. Rather than providing an accurate explanation, as one would expect on a scientific text, they justify a certain concealed intent. This Article employs an inductive method of approach and relies on primary sources to explain the foundational myth so to prevent historical misconceptions.