A cooperação jurídica dentro da União Europeia e do Mercosul:

a agilização do processo civil internacional no âmbito da regionalização


  • Marcel Zernikow


In a context of constant proceduralization in the era of
globalization, the internationalization of civil procedure requires special
attention. Regional organizations such as the European Union (EU) and Mercosur promote commercial relations between individuals and
companies from different states. Instituting an internal market (EU) or a
common market (Mercosur), these two regional spaces rapidly adopted a private international law that would guarantee a simplification of civil
processes with a cross-border element. The purpose of this study is to analyse three examples of judicial co-operation (cautio judicatum solvi, service of documents, recognition and enforcement of judgments) in order to demonstrate how regional integration enabled the evolution of new mecanisms in this field. Therefore, it is important to examine the mechanisms created in the two regional spaces, comparing them with those that govern inter-state judicial co-peration, outside the context of member states/parties. It should be noted that judicial cooperation was the first domain of private international law experiencing a regionalization process within the two spaces. However, uniformization had to face the territoriality principle, which is the reason why regional integration in this area is a progressive process. In conclusion, we note that both the las leñas protocol (Mercosur) and the different regulations (EU) have brought new facilitating mechanisms. Nevertheless, the effect of EU/Mercosur-law on national legislation is variable because Mercosur law does not have primacy over national law. Important advances are still ongoing in the framework of the adaptation of procedures to the new technologies.