CONCERTED ACTS BETWEEN COOPERATIVE NATIONAL AND FOREIGN JUDGES IN THE DIGITAL AGE
CONCERTED ACTS BETWEEN COOPERATIVE NATIONAL AND FOREIGN JUDGES IN THE DIGITAL AGE

Author(s): Carlos Wagner Dias Ferreira
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
Keywords: transjudicial dialogue; concerted acts; cooperative national and foreign judges; beyond territorial borders
Summary/Abstract: The present article aims to investigate whether it is possible to promote concerted acts between Brazilian judges and courts from foreign countries in order to enforce judicial orders issued by the Brazilian Judiciary, which protect the rights of nationals harmed by international companies whose effects extend beyond Brazil's territorial limits, as exemplified by Article 69, section IV, of the Brazilian Code of Civil Procedure, regarding national cooperation. The act of communicating not only within a specific space (loci) but particularly beyond territorial borders has never been so in vogue. A mere glance at today's society, heavily influenced by the interactive communication of the current Digital Age, reveals that communications − whether through text messages, videos, audios, sounds, voices, or images—barely respect territorial borders. As a product of society, law has always been in constant flux, with its paradigms, dogmas, conceptions, ideas, and thoughts evolving throughout the history of Western civilisation, supported by the Roman-Germanic legal tradition. It is not surprising to assert that civil procedural law has changed or is profoundly changing over the last thirty years. However, what is surprising is not the constant and uninterrupted possibility of change in Brazilian civil procedural law, as this has always occurred. It is the intensity, speed, and breaking of fundamental premises that formed the foundation of Brazilian civil procedural science, such as the conceptions of jurisdiction and competence based on territoriality. The central question of this study is whether it would be possible to build a dialogue between Brazilian courts and judges of foreign countries with equivalent jurisdiction, enabling coordinated actions between cooperative national and foreign judges.

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