Justiça transfronteiriça: uma análise comparativa das estruturas judiciais e mecanismos de cooperação jurisdicional em matéria civil e comercial entre Mercosul e União Européia

Abstract

This work approaches Cross-Border Justice as an instrument which affirms rights internationally. In facing the infinite multiplicity of juridical mechanisms which correspond to this paradigm, there arose the necessity to elect those which would be covered by this investigation, with the corresponding exclusion of all other possibilities. Before such an imposition, the most appropriate method of procedure in the treatment of the material was verified and found to be that of dissipative structures, to permit the analysis and evaluation of a system without all its data, providing equally non linear results, given that the objective was not certainty and security in the scientific investigation, but to attain the possibilities of the system. In this way, for the analysis of Cross Border Justice, the research collected data in two processes of regional integration which are at different stages: Mercosul and the European Union. It was decided to approach their judicial structures, in Mercosul forged from elements of classical international law, and in the European Union with the legitimate judicial structure of community law, which must be confused neither with national law, which is hierarchically superior, nor with international law, which is endowed with its own principology. As well as judicial structures, within each of the processes of integration, this research considered their respective instruments of jurisdictional cooperation in carrying out foreign sentencing (intrablock judgement), in civil and commercial material. It is in this unfolding that will be shown most clearly the intensity of integration between populations, which permits the carrying out of the judgement of foreigners with a greater or lesser degree of exigence. The work concludes with the great advance in community legislation of the European Union, as much in questions of judicial structure, with various organs available to promote the effectiveness of its principles, as in cooperative material, with the creation of the title European Executive. On the other hand, it was possible to identify the minimalism of institutions in Mercosul which, despite the difficulties, make advances in the creation of new mechanisms for jurisdictional cooperation, and affirming other, already existing bodies such as the Interamerican Conventions of International Private Law