A efetivação da segurança jurídica enquanto valor na solução de litígios provenientes de contratos internacionais

Abstract

Uncertainty and unpredictability are recurring within international private business, a consequence of the very nature of such legal relationships. The parties usually adopt certain types of procedures and adhere to the system that best meets their needs, from which to ensure greater legal certainty. It is believed that the state legal system continues to be as solid and complete as the so-called “alternative means of dispute resolution”. This solidity and completeness, on its own, conveys a certain security and confidence to the jurisdiction over the correctness, clarity, coherence and correctness in the performance of the organs and entities that compose it. It's in this direction that was delimited to establish the object of the present study, whose purpose is to identify whether or not the Brazilian official dispute resolution mechanism arising from international contracts promotes legal certainty, which is translated to protect the legitimate expectations and expectations of related parties. To this end, methods and criteria for quantitative and qualitative assessment were used, both in the analysis of the structure of regulative indicative conflict rules and in the diagnosis some of practical cases submitted to the Superior Court of Justice and the Federal Supreme Court. It was also validated, as axiological parameter, the Federal Constitution of 1988 and of the national and foreign specialized doctrine. In spite of noting simple advances, there are still severe challenges that overcoming will require a change of behavior of the Legislative, of the Judiciary and, in a way, of the Executive.