Cooperação jurídica internacional e a (in)efetividade da carta rogatória nos conflitos familiares transnacionais : uma proposta para demandas entre Brasil e Portugal

Abstract

This paper intends to analyze international legal cooperation and the effectiveness of the rogatory letter in transnational family conflicts and offer a proposal for Portuguese-Brazilian law, identifying and analyzing contemporary challenges. To that end, we seek answers to the following problems: How is family law in the face of transnational conflicts? How are requests for legal cooperation between Brazil and Portugal analyzed? The hypothesis is that relations between Brazilians and Portuguese need more agile instruments for international legal cooperation so that the exchange between the courts becomes less time consuming and costly. This research work is justified by bringing analytical benefits to international law, to the scientific scenario, allowing a greater reflection on this legal cooperation between the countries here focused on the consequences for the economy, history, human and social relations. It is also justified for bringing to the Science of Law, especially Private International Law, since it intends to discuss aspects that have not been evaluated much in the legislative system. As a method, this research is based on the inductive method, since there are cases in which the phenomenon does not occur or presents different intensity. The case study consists of a qualitative method, in which it tries to deepen an individual unit. At the same time, it serves to answer questions that the researcher does not have much control over the studied phenomenon. We use historical, documentary and legal research. The procedure used came from documents found from a primary source, such as laws, decrees, resolutions, books, articles and above all in the procedural records of a paternity investigation action presented with the case study.