A homologação de sentenças arbitrais estrangeiras no Brasil: questões de soberania nacional e efetividade jurisdicional

Abstract

This article analyzes the main challenges faced in the approval and enforcement of foreign arbitral awards in Brazil, with emphasis on issues related to national sovereignty and jurisdictional effectiveness. Arbitration is an effective method for resolving international commercial disputes, providing expediency and confidentiality to the parties involved. In Brazil, the enforcement of foreign arbitral awards is regulated by the New York Convention (1958), the Arbitration Law, and the Brazilian Civil Procedure Code of 2015. However, despite being a signatory to the New York Convention of 1958, which aims to facilitate the recognition and enforcement of foreign arbitral awards, there are still various practical obstacles. Among the main challenges are the need for approval by the Superior Court of Justice (STJ), the compatibility of awards with Brazilian public policy, and administrative difficulties. The study adopts a qualitative methodology, based on bibliographic research and analysis of case law, including an examination of the emblematic case of SEC No. 2,410 (Ferrocarriles versus Supervia), aiming to understand the rationale used in the judgment of these awards. Thus, the article contributes to the debate on the advancement of the Brazilian arbitral system, highlighting the importance of aligning with international standards and strengthening legal certainty in Brazil, and consequently promoting greater efficiency in the process of enforcing foreign arbitral awards.