Banca de QUALIFICAÇÃO: AILTON MARIANO DA SILVA MENDES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : AILTON MARIANO DA SILVA MENDES
DATA : 18/01/2019
HORA: 16:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE EFFECTIVENESS OF LEGAL CERTAINTY AS WELL AS A VALUE FOR THE SETTLEMENT OF DISPUTES ARISING FROM INTERNATIONAL CONTRACTS IN BRAZIL

PALAVRAS-CHAVES:

Legal Certainty; Judicial Power; International Contracts. Jurisprudence.

PÁGINAS: 141
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The 125th position of Brazil in the world ranking of the 190 countries evaluated in terms of regulatory efficiency in international business, according to the recently published report of the World Bank group, Doing Business, Reforming to Create Jobs, as well as the downgrade of Brazil by the international agency of the Fitch Group, calls into question the issue of legal certainty under the approach addressed in this study. This debate, unsustainable in the field of abstraction and speculation of a political and economic order - which is why it was guided by a legal approach. This is a vast subject, which is why we have sought to delimit the study of legal certainty, legal security "as a Right" and "means of Law", in view of the central purposes that is summarized in the question of whether the system of law The Brazilian Private International - with respect to the indicative conflict rules that regulate international obligations - makes legal security possible in the environment of multiconnected private businesses, as well as check whether in jurisprudence there is such concern in the solution of cases of this nature. Values such as material justice and security, consecrators in the Constitutional State of Law, constitute ultranational paradigms that extrapolate the political and ideological caprice of the States. By abdicating its jurisdiction in favor of adverse jurisdiction, whether by referral system or forum non convenience theory, the court acts prudently in protecting the party's legitimate trust and expectation (bona fide), avoiding procedural and economic inconvenience with repulsive social reflex. In spite of the simple advances brought by the civil procedural system in this matter and the silence of the Judiciary in some emblematic judgments, there are still severe challenges to be overcome.

MEMBROS DA BANCA:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO
Interno - 3204015 - FABIANO ANDRE DE SOUZA MENDONCA
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO