It is not news that the contemporary world is deeply globalized, with multi-located relationships that challenge the power and efficiency of decisions by local courts, especially when their effects need to transcend geographical borders.<\/p>\n
Brazil, in order to facilitate the resolution of disputes in this nearly borderless world, has international cooperation as a constitutional foundation, contributing to the protection of international legal security. Not for no reason, the country is a signatory to the Convention of March 18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters<\/em>, which is duly incorporated into the Brazilian legal system and has been facilitating the obtaining of evidence in civil and commercial cases involving foreign jurisdictions.<\/p>\n When it became a signatory to the mentioned Evidence Convention<\/em>, Brazil, however, prohibited the application of its article 23, with the intention of not being obligated to comply with letters of request issued in pre-trial discovery of documents.<\/p>\n The effects of the reservation on Article 23 of the HCCH 1970 Evidence Convention <\/em><\/strong><\/p>\n Pre-trial discovery of documents is a prior procedure for producing or obtaining evidence (common in the United States and other countries with Anglo-Saxon legal traditions) conducted directly by the parties, with little to no judicial intervention. In contrast, Brazilian law (which follows the Germanic-roman legal tradition) is unfamiliar with this legal institution, and in the country, evidence must be produced under direct judicial supervision.<\/p>\n Brazil’s reservation on Article 23, therefore, sought to prevent the evidence requested by letters of request in these procedures without judicial oversight from being abusive.<\/p>\n Brazilian cooperation<\/em><\/strong><\/p>\n However, contrary to what might be identified in a preliminary analysis, the Brazilian Higher Court has ordered the enforcement of letters of request even when issued in pre-trial discovery of documents.<\/p>\n This is because, according to the Court’s interpretation, the reservation on Article 23 of the Evidence Convention<\/em> is not an absolute prohibition. On the contrary, it is a requirement that, before granting exequatur, the legality, relevance, and pertinence of the requested evidence must be verified, thus avoiding the abusive collection of evidence against individuals.<\/p>\n Specific rules must be observed<\/em><\/strong><\/p>\n With this understanding, the Brazilian Higher Court is undoubtedly favoring international solidarity and reciprocity, which are essential for effective legal cooperation among countries in the global community.<\/p>\n Therefore, if necessary, it is entirely possible that, even in pre-trial discovery of documents, Brazilian cooperation can be obtained. To do so, in addition to checking for any incompatibilities with national laws or violations of human rights, the foreign requester must adhere to the legal requirements set forth in the Code of Civil Procedure and the Internal Rules of the Higher Court.<\/p>\n","protected":false},"excerpt":{"rendered":" It is not news that the contemporary world is deeply globalized, with multi-located relationships that challenge the power and efficiency of decisions by local courts, especially when their effects need to transcend geographical borders. Brazil, in order to facilitate the resolution of disputes in this nearly borderless world, has international cooperation as a constitutional foundation, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[22,18],"tags":[],"coauthors":[130,138,132,60],"class_list":["post-14777","post","type-post","status-publish","format-standard","hentry","category-artigo","category-civel"],"acf":[],"yoast_head":"\n