The problem of internacional lis pendens

Abstract

Nowadays, the Brazilian legal system faces the challenge of internationalization. The constitution of economic blocks and the singing of international treaties reflect in the national law, which is forced to restructuring itself again. While other issues as the homologation of foreign sentence has been regulated in the national law, other questions require further assessment, as is the case of the possibility of occurrence of international lis pendens, which is not covered by the Brazilian legal system. The State sovereignty is used as an obstacle to the internationalization, compromising the legal certainty and threatening the progress of the law. In this context, the studies of Kelsen appear as the base of a new vision of the relation between the legal norms. This discussion is important for the nation as long it wants to prove itself as a great economic power. If Brazil wants to play a lead role in the globalization, it needs to pay attention to the conflicts that may arise, whose solution will determinate its international influence, but will also be important to the regulation of internal order.