Banca de QUALIFICAÇÃO: PAULO HEMETÉRIO ARAGÃO SILVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : PAULO HEMETÉRIO ARAGÃO SILVA
DATA : 05/08/2019
HORA: 16:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE DIRECT ASSISTANCE AS A CONSOLIDATION INSTRUMENT FOR A TRANSNATIONAL LEGAL ORDER

PALAVRAS-CHAVES:

Transnationalism. International Legal Cooperation. Civil Direct
assistance. Transnational Legal Order.

PÁGINAS: 109
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present dissertation seeks to demonstrate that direct assistance, as an instrument of
international legal cooperation, can be considered a facilitating element in the
recognition of a transnational legal order, at the instant it enters an order national legal
order. For this, it is relevant to understand the relationship between the transformations
of social interactions, caused by the globalization process, and its influence on western
juridical culture. It is perceived that the social relations practiced in a cross-border
environment, consequently entails the emergence of transnational legal relations.
Demanding the need to establish a regulatory framework, called Transnational Law.
The methodology used in the study was the bibliographic research, through the bases of
national doctrine, international, jurisprudence, legislation, highlighting the international
agreements subscribed by Brazil in matters of legal cooperation international. The
typology of the research is qualitative, aiming to aggregate knowledge about the issues
discussed. The research has clear explanatory and exploratory objectives, aiming to
ascertain the legal nature and characteristics of some institutes, improving ideas to
achieve the conclusion of the problem. During the research, the deductive method is
employed in the analysis the phenomenon such as globalization, transnationality,
international legal cooperation and the relationship between direct aid and the
recognition of a transnational legal order. The instruments of international legal
cooperation are addressed, relating them to the transnationality of the application of the
global legal order. Furthermore, analyze the role of direct aid in civil matters in the
brazilian legal order, highlighting its normative prediction, applicability, classification
and the limitation resulting from the reserve of jurisdiction. Finally, it is verified that
direct aid facilitates the recognition of a transnational legal order, when it enters the
national order, with the aim of instrumentalize legal cooperation, since indirectly a legal
order ends up recognizing proceeding from another.

MEMBROS DA BANCA:
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interna - 1657901 - YARA MARIA PEREIRA GURGEL
Externo ao Programa - 2353000 - ELIAS JACOB DE MENEZES NETO