Vedação ao comportamento contraditório em litispendência internacional

Abstract

The present thesis deals with the requirements of homologation of foreign judgment. The possibility of rejecting the identification of contradictory behavior between the foreign homologating process and the process proceeding in triple identity under Brazilian jurisdiction is analyzed. In order to do so, we analyze the history of sentence recognition from the evolution of the concept of sovereignty, as well as its formal and material requirements, with emphasis on the concept and application of "public order"; the lis pendens institute, its diverse meanings and its peculiarities in international scope; the fence to the contradictory behavior in the history of the legal sciences and its principiology, identifying it like an institute of trust protection. In the end, a response to the central question of the work is sought through a deductive reasoning based on the concepts exposed, besides theorizing about possible modes and examples of contradictory behavior in international lis pendens.