Uma comunidade de Cortes: os litígios transnacionais e a nova cooperação jurídica internacional no processo civil brasileiro

Abstract

In the field of civil international legal cooperation, Brazil, in recent years, adhered to several of the Hague Conventions, inserted an entire chapter dedicated to the subject in the 2015 Code of Civil Procedure and has been renewing the jurisprudence on the use of classic instruments for international legal cooperation. These three aspects act towards a greater disposition for the integration and for the concerted action of the jurisdiction as essential public service and conferring greater effectiveness to the fundamental human right of access to justice in transnational litigation. Simultaneously, there is the Brazilian participation in international networks of judges, the greater involvement of State bodies (Ministério da Justiça, Ministério Público Federal, Advocacia-Geral da União e Defensoria Pública da União) in the civil international legal cooperation and the growth of academic studies on the possibility of adopting, in certain specific cases, typical common law doctrines, such as the forum non conveniens. Using specialized legal literature, precedents from national courts and the texts of the Hague Conventions to which the country has adhered, this thesis seeks to analyze the roles that basic concepts such as sovereignty, jurisdiction, competence and private autonomy have to play in a context of porous borders, with wide circulation of people, goods and services around the world, but also of deepening recognition that the courts of different nations have their share of cases to solve, as components of a global task of judging. This set allowed the confirmation of the hypothesis that civil international cooperation is in very fast evolution in the country, after decades of stagnation, taking Brazil to a new level for the solution of disputes with foreign elements.