A atuação da Justiça Federal da 5ª Região em matéria de cooperação jurídica internacional: análise empírica de dados do Sistema de Processo Judicial Eletrônico

Abstract

In the present study, the acts of international legal cooperation carried out within the scope of the Federal Justice of the 5th Region were analyzed, based on the processes available in the Electronic Judicial Process System. The research aims to draw a profile of this performance in the Judiciary Sections that make up that jurisdiction, analyzing the effectiveness in the execution of the samples collected, verifying data relating to the requesting countries, the nature, species, distribution and degree of compliance with these acts. We start from the hypothesis that, as in all areas of human activity, there are possibilities for optimization, despite the high degree of excellence of the services provided by the Federal Justice. The examination of this theme is justified, both from the perspective of domestic law, considering the changes in Brazilian procedural law, and in relation to international law, in view of the dynamics of that cooperation in the face of the growing human flow between States, which often feeds the risk of impunity to offenders, due to the limits of national jurisdictions, arising from sovereignty. Thus, for the reader, the work provides an opportunity to deepen the respective procedural field; For academia, it serves as a theoretical basis, based on bibliographical studies and an empirical analysis; For the legal community, it serves as a source of procedural knowledge, portraying practical realities related to the topic. Thus, aiming to analyze rites adopted in international legal cooperation, in the first degree of federal jurisdiction, normative aspects that regulate them were described, the quantification of electronic processes containing samples of acts of this activity, in addition to observing the judicial structure for receiving, processing and compliance with them, analyzing their satisfaction, problems and possible solutions. To this end, the related legislation, pertinent doctrinal and jurisprudential positions were consulted, as well as quantitative data, converted into graphs, and finally advancing to a qualitative analysis. The conclusive method used in the investigation will be inductive, that is, after considering a sufficient number of particular cases, there will be a conclusion about a general truth on the subject.