Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 56 Brazil: Brazilian Perspectives on the Hague Principles »
Lauro Gama, Carmen Tiburcio, Felipe AlbuquerqueFrom: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter evaluates Brazilian perspectives on the Hague Principles. Despite the proposition of several bills in the 1960s, no legislative initiative to modernize the Brazilian private international law has succeeded so far. The most recent legislative proposals have focused on modifying Article 9 of the Law of Introduction to the Norms of Brazilian Law (LINDB) rather than the whole system. One of these proposals, pending before the Senate, amends the Brazilian Code of Consumer Protection and updates and expands the contents of Article 9 LINDB. This bill incorporates several provisions of the Hague Principles; it states the basic principle of party autonomy and authorizes choice of law in respect of international contracts (B2B transactions). As Brazil still waits for law reform, the Hague Principles may be relevant as persuasive authority before the Brazilian courts. In this sense, the Hague Principles may be used in the interpretation, supplementation, and development of the applicable rules and principles of Brazilian private international law.