Competência judicial internacional e lei aplicável em divórcios internacionais

Abstract

This paper seeks to analyze the Brazilian competence in the act of process and judgment of international divorce actions, bringing up the rules of international judicial competence, the different applicable laws and the functioning of the homologation of foreign divorce sentences. More specifically, it seeks to analyze the multiple judicial powers and applicable laws in the diversity of possible international divorce cases. After exposing the theoretical basis used throughout the study, regarding the conceptualization and considerations about marriage, divorce and Family Law applied to Private International Law, a jurisprudential survey is carried out with the objective of understanding the legal competences and the applicable laws to each case involving international divorce. To reach the conclusion, it uses the bibliographical and documental analysis of the writings that make possible the general analysis on the norms of the International Law and the applicable laws in accordance with the possibility of homologation recognition of the foreign judgment of divorces. Still, it uses the inductive-deductive method of approach, observing the particular actions until reaching the recognized principles of International Law and applying them in the acts of recognition and ratification of foreign divorce judgments. The objectives will be reported by a descriptive research and the bibliographic technique is used for the analysis and theoretical construction of the study. In the end, it is concluded that the norms and regulations of international legal relations constitute indispensable apparatus for the resolution of conflicts in the Brazilian territory, verifying the use of indicative connection norms, the modalities of international judicial competence and the provisions of the laws applicable in the legal relationships of Family Law in International Law, and clearly presenting the functioning of the approval of divorce judgments and the requirements for this.