Competência internacional no Direito Processual Civil Brasileiro

Abstract

This essay is about the Brazilian model of international jurisdiction, in an attempt to organize the principles and rules that govern the determination of the jurisdiction of the Brazilian Justice regarding cross-border litigation. In the development of the subject, it is initially identified as part of the International Civil Procedure Law, in contrast with the tradition of the majority of Brazilian law scholars that include the matter as part of the Private International Law (Law of Conflicts). After the analysis of the historical development of the subject in Brazilian Law, there is a brief explanation of the matter under foreign law (Portugal, Italy, European Union and the United States of America), to therefore propose that the Brazilian model of international jurisdiction is based upon four principles (principle of effectiveness, principle of submission, principle of the non-refusal to provide justice and principle of forum non conveniens) that arise from the constitutional model of civil procedure. Once the principles are identified, there is an explanation about the rules of the Civil Procedure Code and miscellaneous legislation about exclusive and concurrent international jurisdiction, with comments about treaties and conventions ratified by Brazil. Finally, there is a description about the causes for the modification of the international jurisdiction and its incidence in the International Civil Procedure Law, with the conclusions about the matter