THE INTERNATIONAL CIVIL PROCEDURE IN BRAZILIAN CIVIL PROCEDURE 2015 CODE AND THE ALI/UNIDROIT PRINCIPLES OF TRANSNATIONAL CIVIL PROCEDURE: AN ANALYSIS OF PROCEDURAL HARMONIZATION

Abstract

The fluidity of national borders, caused by the greater mobility of productive factors, promotes the transnationalization of social conflicts. In turn, the traditional hermetic structure of civil procedural law stands against the parties’ need for access to justice for the solution of conflicts that cross national boundaries. The codification of the procedural law in favor of its harmonization becomes, then, fundamental for the effectiveness of rights in the globalized world. In this sense, the ALI/UNIDROIT Principles represent the attempt to multilateral harmonization of the transnational civil process. the purpose of this article is to investigate to what extent the current Brazilian procedural system is compatible with this model of framework rules.

Keywords

• International Civil Procedure
• ALI/UNIDROIT Principles
• Codification of Private International Law