Concretizando direitos: a cooperação judicial internacional por meio das cartas rogatórias no mercosul

Abstract

Regional integration brings with it new State functionalities, stimulated by its members approximation. One of those is the tightening of relations among its judiciaries, amplifying the need to improve the processing of judicial acts. This correspondence turns to be a new due process, not courtesy acts anymore. Similarly, judiciaries must follow the processing must follow its Constitution, its local law, and treaties. The analysis of the question of the operator of law, in this case the judge, shows how the international process still consists of a multitude of complex rules that must be interpreted to seek procedural efficiency and economy at the expense of judicial sovereignty, typical the classical model. The research will be conducted through the deductive method, using national and international literature, describing the internal legal models of Mercosul State Parties and international laws, drawing a parallel with the European legal model. The procedural act used for review are the letters rogatory of Mercosul, which had his role expanded to procedural matters that were by its nature belonged to the foreign judgments. Such innovations transformed letters rogatory in the most important processing act while the procedure is in motion, but on the other hand, it doesn't have clear procedural rules on how it should be fulfilled. The simplistic treatment that is given to the matter, turns to create a new and uniform category of letters rogatory, while they should have at least three: enforcement letters, communication of procedural acts and taking evidence abroad. Each one should have its own procedure by reason of the need to ease the course of these measures, forcing to rethink the current process model and, specifically, to propose some changes in Mercosul laws to harmonize the international civil proceedings in an attempt to order the legal multitude that exists today.