Cooperação jurídica internacional em matéria civil e o auxílio direto: contexto do direito brasileiro contemporâne

Abstract

The expansion of relations between states arising from globalization, there is a need for cooperation among nations. Note that, it is important to the study of international legal cooperation as an instrument of international collaboration, showing how irremediable tendency to resolve conflicts and interests, ensuring the efficiency of adjudication and access to justice, strengthening therefore the democratic state of law. Although current and appropriate study, the issue has not been devoted enough attention to our politicians and the judiciary in order, the inevitable need for integration in the international court. The reception system of international acts adopted by Brazil, where the Superior Court of Justice is the central authority or tribunal, and not allow speed, can derail, in some cases, the effectiveness of emergency measures in favor of foreign states. The International Procedural Law, which gradually, in Brazil, gaining autonomy of private international law, is on the agenda for discussion because of our state expressing interest in coming court action overseas, without, however, may offer reciprocal treatment. The undeniable burden of responsibility and the imposition of rigid standards undermines the desired speed of the processes of international legal cooperation in Brazil. In this regard, cooperation between States should be taken as a bond between nations, rather than mere power. Today, what we crave is a deeper issue, to ensure effective internal, effective international cooperation and thus make possible the state claims abroad, under identical conditions, especially in achieving compliance with precautionary measures (emergency) in civil, via direct request for assistance.