A cooperação jurídica internacional em matéria civil via auxílio direto: uma análise acerca do reconhecimento de uma ordem jurídica transnacional
The present dissertation seeks to demonstrate that direct assistance, as an instrument of international legal cooperation, can be considered a facilitating element in the recognition of a transnational legal order, at the instant it enters an order national legal order. For this, it is relevant t...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Brasil
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/28530 |
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| Resumo: | The present dissertation seeks to demonstrate that direct assistance, as an instrument of
international legal cooperation, can be considered a facilitating element in the recognition of a
transnational legal order, at the instant it enters an order national legal order. For this, it is
relevant to understand the relationship between the transformations of social interactions,
caused by the globalization process, and its influence on western juridical culture. Social
relations practiced in a cross-border environment lead to the emergence of transnational legal
relations, which demands the need to establish a regulatory framework, called Transnational
Law. The methodology used in the study was the bibliographic research, through the bases of
national doctrine, international, jurisprudence, legislation, highlighting the international
agreements subscribed by Brazil in matters of legal cooperation international. The typology of
the research is qualitative, aiming to aggregate knowledge about the issues discussed. The
research has clear explanatory and exploratory objectives, aiming to ascertain the legal nature
and characteristics of some institutes, improving ideas to achieve the conclusion of the
problem. During the research, the deductive method is employed in the analysis the
phenomenon such as globalization, transnationality, international legal cooperation and the
relationship between direct aid and the recognition of a transnational legal order. The
instruments of international legal cooperation are addressed, relating them to the
transnationality of the application of the global legal order. Furthermore, analyze the role of
direct aid in civil matters in the brazilian legal order, highlighting its normative prediction,
applicability, classification and the limitation resulting from the reserve of jurisdiction.
Finally, it is verified that direct aid facilitates the recognition of a transnational legal order,
when it enters the national order, with the aim of instrumentalize legal cooperation, since
indirectly a legal order ends up recognizing proceeding from another. |
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