Name: BRUNA ROCHA PASSOS
Publication date: 16/06/2016
Advisor:
Name |
Role |
|---|---|
| VALESCA RAIZER BORGES MOSCHEN | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Internal Examiner * |
| VALESCA RAIZER BORGES MOSCHEN | Advisor * |
Summary: The exponential movement of assets, people, investment and services flow across borders demand increasingly mechanisms that allow countries to develop simpler and more efficient ways of mutual assistance, particularly in judicial matters. The recognition of foreign judgments is presented as a key instrument of international legal cooperation, since it provides the extraterritorial validity of judgments delivered by other jurisdictions. Due to the issuance of Law No. 13105/2015 - current Code of Civil Procedure and the changes on the recognition of foreign judgments, the purpose of this work includes investigating the limits and possibilities of exemption from the approval procedure by the Superior Court of Justice for the Extraterritorial efficacy of the foreign civil judgment at the Brazilian legal system. The theme was contextualized within the international legal cooperation. Therefore, the various concepts that touch the issue were presented, as well as a practical approach that sets out the main instruments of international legal cooperation in civil matters and conventions to which the country is a signatory on cooperation. After, he entered to the issue of recognition of foreign judgments in global and national level. They explained the various classifications of recognizing foreign decisions existing systems, as well as the main features of each model. Then, there was the conceptual distinction between recognition of judgment and enforcement of judgment. Finally, the recognition systems were presented to existing foreign judgments in Brazil, the amendments inserted by the Civil Procedure Code 2015 on the recognition of foreign judgments, with special attention to the waiver approval by the Superior Court of Justice and its procedural consequences. This issue falls within the line of research process, Constitutionality and Trusteeship Existential and Economic Rights. For the analysis of the theme, it used the deductive-comparative method.
Keywords: Civil Procedure International. Foreign Judgment. Extraterritorial efficacy of the foreign judgment. Recognition and enforcement of the foreign judgment.
