A denegação dos pedidos de homologação de sentenças estrangeiras apresentados ao STJ: Perspectivas da cooperação jurídica brasileira

Abstract

This research aims to outline an overview regarding the Brazilian international legal cooperation based on the Superior Court of Justice’s jurisprudence on processes relating to the recognition and approval of foreign sentences, analyzing the main characteristics and assumptions of dismissal of these requests in Brazil, especially regarding the prima facie preliminary determination of validity used by STJ. It is intended to analyze the Court’s relevance for the enforcement of rights acquired in distinct jurisdictions, holding a critical view regarding the principles and criteria currently used, checking the development of Brazil’s relations with other States, as well as the role of this governmental agency in the construction of the international cooperation and the maintenance of people’s rights in the globalized society in cases of transboundary disputes. The analytical jurisprudence method was adopted from the usage of quantitative methods from the Court’s database and qualitative methods from private international law’s theories. The role of international treaties as policy articulators on behalf of the unification and procedural promptness, which have repercussions in the internal sphere in legislative advances is emphasized. Therefore, it has been verified that, in view of the transnational normative diversity scenario, there is a need for structuring within the scope of legal cooperation capable of receiving the current reinforcement of international procedural flows.