Homologação de laudos arbitrais estrangeiros no Brasil

Abstract

This dissertation approaches the issue of ratifying foreign arbitration s reports in Brazil, in the context of jurisdictional cooperation. We analyze the process of ratification of foreign reports under the light of the Brazilian juridical ordering and the international treaties concluded between the four countries of the Mercosur: Brazil, Argentina, Paraguay and Uruguay. The research made evident the incompatibility existing between the process of ratification of foreign reports, realized by the Brazilian Supreme Court, and the application of the international treaties, concluded by the State, which rule (or should rule) directly, in this case. Therefore, what is the use of the Executive struggling to celebrate treaties with the purpose of inserting more and more the Country in the international market, as long as the State, sticking to the primitive concept of sovereignty, allows the Judicial to use the complex process of ratification, ruled by Brazilian Law, in order to recognize and make carry out the foreign arbitration s reports on the national territory. Thus, although many of our laws warrant rules to the law-operators, these rules being adequated to the development of this theme as much as on national ground (according to the Law of Arbitration) as on the international one (quoting the Protocol of Las Leñas) the International Law s principles of free access to justice and autonomy of the parts remain depreciated. In this manner, the State does not attend to the demands of modernity which needs the harmonization and uniformity of the rules relating to inter-jurisdictional cooperation. Hence, the State should indispensably and urgently consider as preeminent the principles coming from international public order which protect the common interests of humanity. Therefore, the State must (1) incorporate at once, in his juridical ordering, international treaties which purpose would be the protection of juridical order in the whole international society; and (2) give priority to the application of such rules to foreign decisions in order to get the people the same protection and warrant of the rights assured by the society where they belong to