Jurisdição internacional e bens imóveis: análise do tratamento das ações reais e das ações pessoais pelos tribunais superiores brasileiros

Abstract

Jurisdiction is a classic theme of International Procedural Law. However, its nuances continue to be the object of constant questioning, due to the phenomenon of socioeconomic integration, the intensification of legal relations with elements of foreignness and the need to guarantee access to transnational justice. Specifically in relation to immovable property, the rule of exclusive jurisdiction traditionally applies. However, ownership and property relations have developed and improved, and it is possible to verify both in doctrine and in international instruments the differentiation between real actions and personal actions over immovable property. In this sense, the present research was dedicated to understanding the treatment given by the Brazilian legal-procedural system to the jurisdiction for actions on immovable property, the doctrinal position on the subject and the current wording of conventional instruments of regional and universal character. Finally, the precedents of the Brazilian superior courts regarding the matter were examined, in order to understand the treatment given by the Federal Supreme Court and the Superior Court of Justice to the subject. In the end, the present research was dedicated to assessing the treatment given by the Brazilian higher courts to international jurisdiction over immovable property, in order to identify whether exclusive jurisdiction applies only to real actions involving immovable property, or if, on the contrary, applies to any and all actions involving real estate, including those of an obligatory nature. In order to do so, the precedents of the aforementioned courts on the subject were faced, involving art. 23, of the Civil Procedure Code of 2015 (former article 89, of the Civil Procedure Code of 1973). The research, that is to say, is inserted in the area of concentration Justice, Process and Constitution and in the line of research Process, Constitutionality and Guardianship of Existential and Patrimonial Rights of the Master in Procedural Law of the Federal University of Espírito Santo. Furthermore, the studies were developed from contributions from the Research Group entitled “Labyrinth of the Codification of International Civil Procedural Law CNPq”.