Homologação de sentenças estrangeiras no Brasil e a ordem pública

• Autor(a) principal: Santos, Bianca Vaz Pinheiro dos
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/29115
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Homologação; Sentenças estrangeiras; Ordem Pública; Homologation; Foreign sentences; Public policy

The homologation of foreign judicial sentences is considered one of the current devices capable of making international procedural cooperation amongst the most varied legal systems in our global society viable. The Superior Court of Justice (STJ) is responsible for analyzing the internal procedure in Brazil. This process is consisted of two phases: first, the homologation of the foreign sentence and, later on, its execution. In the face of a growing need of interaction between the subjects of International Law the cooperation requests call for more efficient and swifter responses. Thus, the recognition by the States is expected to be of a certain effectiveness which many times is non-existent, or, in the case of Brazil, is held up by subjective requisites, composed of expressions with little or no clear meaning, broad and discretionary such as “offense to public policy” which will be thoroughly examined in this study. This work also aims to demonstrate the disservice that the vagueness of this specific concept does to people who are under Brazilian jurisdiction and their rights acquired abroad considering that it allows for the operator of the law to resort to subjective assessment when it comes to the homologation of a sentence coming from an alien jurisdiction, which is an indispensable condition to validate foreign rulings in the Brazilian territory.