O princípio da autonomia da vontade nos contratos de compra e venda de mercadorias celebrados com o Brasil e sua influência no comércio internacional

Abstract

First, the theme was chosen and the problem was defined. Then, the three specific objectives that support the general objective were defined. The theoretical framework constructed in this research encompasses globalization and its influence on international trade, private international law and its sources, international contracts, the principle of party autonomy in Mercosur and Brazil, the forum election clause and commercial arbitration. After the theoretical framework was set up, a qualitative research was started, with a questionnaire that was applied through videoconference with six specialists in private international law. The questions used in the interview were based on the principle of autonomy of the parties' will, legislation and conventions that govern international contracts, the judiciary and commercial arbitration. After conducting the theoretical research, together with the qualitative research, the results showed that it is essential that professionals in the area of international trade are also aware of the legal part of an international contract, having a more proactive stance, avoiding relying only on little jurisprudence present in Brazil today on these types of contracts. It was also possible to realize that, despite the slight improvements made in the legislation regarding the autonomy of the parties, many companies prefer to opt for commercial arbitration because they see it as a more effective means of resolving disputes. [resumo fornecido pelo autor]