In a decision issued last Monday (18), Flávio Dino established that laws or judicial decisions from other countries do not have effects in Brazilian territory. The decision, although related to an action of the mining sector, has amplitude that extends to all similar cases in the Brazilian legal system. The analysis is by Clarissa Oliveira in Live CNN.
The measure reaffirms two fundamental points: Foreign judicial decisions can only be executed in Brazil after due approval, and foreign laws have no effect on natural persons by acts in the national territory. This also applies to administrative acts, executive orders and similar diplomas.
Practical impacts of the decision
Determination directly affects legal relations celebrated in Brazilgoods situated, deposited or kept in the country, as well as companies operating in the national territory. A practical example of this application involves the rules for social networks, which may be more flexible in other countries, but should follow Brazilian law when operating in Brazil.
However, the decision generates specific questions regarding transnational financial institutions. By raising resources outside Brazil, these organizations operate in an uncertain zone that can generate legal uncertainty regarding the applicability of the standards.
