Reconhecimento de sentenças estrangeiras

• Autor(a) principal: Duarte, Ben-Hur Klaus Cuesta
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/139065
• topic: Reconhecimento; Sentenças estrangeiras; Controle de mérito; Admissibilidade; Recognition; Foreign judgments; Control of merit; Admissibility; Direito

The present work analyzes the context of recognition of foreign judgments, with emphasis on the merit control recognition system, in order to demonstrate the admissibility of this institute when analyzing alien decisions. The methodology of research starts from the analysis of the recognition of foreign judgment as an international cooperation technique, demonstrating the importance of this process for the States. The institute of recognition of alien sentences, by itself, its history, recognition effects and sources is also discussed. Moreover, several mechanisms of recognition of foreign judgments are discussed. Finally, an analysis is made of why it is possible to admit the examination of merit in the process of recognition of foreing sentences. This was based on a survey of the pertinent sources and a brief critical analysis of the specialized legal doctrine, being possible to identify the reasons for the admissibility of merit control in the cooperative technique under study. The results of this research show that there are many reasons for this admission to be used more frequently by the States, but some limits must be established for its ideal functioning.