Homologação de sentença estrangeira

Abstract

Sovereignty is an intrinsic and fundamental element of each and every State. Within the concept of sovereignty is the meaning of jurisdiction – the possibility/obligation of the State to indicate somebody’s rights within the limits of its territorial boarders. In order to a legal judgment to be valid beyond one country’s territorial limits, while at the same time guaranteeing the common good and the public order in the country in which that legal judgment is to be applied, it is possible to proceed to its homologation. The present paper intend to show that, although legal sentences rendered by one country’s legal courts do not produce any effects in other countries, it nevertheless may be so after such an homologation is accepted by a country’s competent legal instances. It is argued, therefore, that one country’s homologation of foreign legal sentences do not imply in some loss of sovereignty by the country which homologates those sentences, as far as the legal requirements are fulfilled.