A aplicação do forum non conveniens no ordenamento jurídico brasileiro no âmbito dos conflitos transnacionais
Nenhuma Miniatura disponível
Data
2022-04-08
Autores
Saar, Isabela de Araujo
Título da Revista
ISSN da Revista
Título de Volume
Editor
Universidade Federal do Espírito Santo
Resumo
The present work is the result of the contributions of the research group "International Law and the Labyrinth of the Codification of International Civil Procedural Law - CNPq", inserted in the concentration area "Justice, Process and Constitution" and in the research line "Process, Constitutionality and Guardianship of Existential and Patrimonial Rights” of the Master's Degree in Procedural Law at UFES. This research has as its central hypothesis the analysis of the application of forum non conveniens in transnational conflicts presented to the Brazilian State. Through the deductive method of investigation, we seek to understand the forum non conveniens as a mechanism that allows the judge, in a discretionary way, to decline his jurisdiction due to the existence of another more suitable forum for processing the demand. Sometimes, the use of the institute intends to avoid abuses of rights in the choice of forum for filing a lawsuit by the author. However, the application of the doctrine is also evaluated in cases where, in the absence of abusiveness, it appears that the action will be judged more effectively and adequately in another forum, either because of the existence of greater elements of connection with the case, or for the ease in obtaining evidence, hearing witnesses and/or complying with the sentence. With this, the foundations, concepts and purposes will be demonstrated, as well as the techniques adopted by comparative law for the use of the institute. The process of harmonizing Private International Law and the bilateral, regional and multilateral instruments on the subject are also studied, including the European conventions and the Hague Conference, including the proposal for a Convention on jurisdiction discussed in the Organization in the last decades, the ALI/UNIDROIT and ELI/UNIDROIT instruments, as well as the TRANSJUS principles of ASADIP. The bases of international jurisdiction and the limits of Brazilian jurisdiction will also be explored, followed by Brazilian jurisprudence on the subject. Finally, the principles that authorize the adoption of the institute will be addressed in transnational conflicts that are presented to the Brazilian State, such as due process, access to justice, adequate competence and procedural efficiency. In the end, the work proposes objective criteria for the application of the doctrine in Brazil.
Descrição
Palavras-chave
Jurisdição brasileira , Competência adequada , Processo justo