Name: NATHÁLIA CANEDO ROCHA

Publication date: 20/05/2020
Advisor:

Name	Role
VALESCA RAIZER BORGES MOSCHEN	Advisor *

Examining board:

Name	Role
AUGUSTO PASSAMANI BUFULIN	Internal Examiner *
VALESCA RAIZER BORGES MOSCHEN	Advisor *

Summary: Inserted in the field of Justice, Process and Constitution, in accordance to the research line of Process, Constitutionality and Protection of Existential and Patrimonial Rights of the Masters in Procedural Law of the Federal University of Espírito Santo, the study was developed based on contributions from the Research Group entitled “International Law and the Maze of Codification”, with the intention to analyze if a forum election clause provided in an international agreement, before the granting of the debtor’s judicial reorganization process in Brazil is admitted and, especially, if it is binding for the purpose of denying Brazilian jurisdiction. Identifying the problem created by the misinterpretation of judicial reorganization’s legislation, observed in doctrines and, in particular, jurisprudence, which leads to a non-rare assignment of a ‘universal’ characteristic to the forum responsible for the conduction of the judicial reorganization process, so that it may judge every case that can influence the crisis suffered by the company that needs to be judicially reorganized, the aim of the present study was to examine how the competence of the forum should be comprehended. After this analysis, from the perspective of an entrepreneurial world’s globalisation, WHERE the practice of stipulating a forum election clause has become increasingly frequent, the study also pursued to inspect, using an inductive investigation method, the Brazilian legal system concerning exclusive choice of court agreements, in order to verify whether they are biding and what their restrictions are. Based on the construction of this general knowledge, that implicates the recognition of the bindingness in Brazil of exclusive forum election clauses, including to the purpose of denying Brazilian jurisdiction in favor of a foreign one, the study aimed to analyze, under an universalist point of view, in what way this general civil procedural rule relates to the specific regulation of judicial reorganization. Thus, out of a doctrinal research, with confirmation on the legislation and jurisprudence, it was possible to establish that the judicial reorganization system does not provide any abstract and absolute restriction to the bindingness of forum election clauses stipulated in international agreements before the judicial reorganization process of the debtor in Brazil. However, any foreign court decision must be submitted to a recognition proceeding in Brazil, so that the constituted credit can be subsequently enforced in the judicial reorganization process.

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