Decree No. 6891, 2 JULY 2009.
Promulgates the agreement on cooperation and Judicial Assistance in Civil, commercial, Administrative and Labour between the States parties of MERCOSUR, the Republic of Bolivia and the Republic of Chile.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and whereas the National Congress approved, by means of legislative decree in 1021, of 24 November 2005, the agreement on cooperation and Judicial Assistance in Civil, commercial, Administrative and Labour between the States parties of MERCOSUR, the Republic of Bolivia and the Republic of Chile, signed in Buenos Aires on 5 July 2002;
Considering that the Brazilian Government deposited the instrument of ratification of the agreement by the Republic of Paraguay on March 28 2006;
Whereas the agreement entered into force for Brazil, external legal, in 8 February 2009;
DECREES: Art. 1 the agreement on cooperation and Judicial Assistance in Civil, commercial, Administrative and Labour between the States parties of MERCOSUR, the Republic of Bolivia and the Republic of Chile, attached a copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of the agreement or which entail charges or demanding commitments to national heritage, pursuant to art. 49, item I, of the Constitution.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, 2 July 2009; 188 of independence and 121 of the Republic.
LUIZ INACIO LULA DA SILVA Celso Luiz Nunes Amorim agreement on cooperation and JUDICIAL ASSISTANCE in CIVIL, commercial, ADMINISTRATIVE and LABOUR BETWEEN the STATES PARTIES of MERCOSUR and the REPUBLIC OF BOLIVIA and the Republic of CHILE to Argentina Republic, the Federative Republic of Brazil, the Republic of Paraguay, the Eastern Republic of Uruguay, States parties of the common market of the South (MERCOSUR) , and the Republic of Bolivia and the Republic of Chile, all hereinafter? States parties, for the purpose of this agreement;
WHEREAS the Protocol on cooperation and Judicial Assistance in Civil, commercial, labor and administration, approved in the Valle de Las Leñas, Argentina Republic, by decision no 5/92 of the Council of the common market, in force in the four States parties of MERCOSUR;
Having regard to the agreement of Economic Complementation in 36 signed between MERCOSUR and the Republic of Bolivia; the agreement of Economic Complementation in 35 signed between MERCOSUR and the Republic of Chile and the decisions of the Common Market Council (CMC) in 14/96? Participation of third countries associated in MERCOSUR Meetings? and in 12/97? Chile's participation in MERCOSUR Meetings?;
REAFFIRMING the will of wake up common legal solutions in order to strengthen the integration process;
Desiring to promote and strengthen judicial cooperation in civil, commercial, labor and administrative, in order to contribute to the development of their relations of integration on the basis of the principles of respect for national sovereignty and equality of rights and mutual interests;
Convinced that this agreement will contribute to the equitable treatment of citizens and permanent residents or regulars of the States parties of MERCOSUR and the Republic of Bolivia and the Republic of Chile, and will facilitate free access to the jurisdiction cited us States to the defence of their rights and interests;
AWARE of the importance to the integration process the adoption of common tools to consolidate legal certainty, agree: chapter I cooperation and Judicial Assistance Article 1 States parties undertake to provide mutual assistance and broad jurisdictional cooperation in civil, commercial, labor and administrative. Judicial assistance in administrative matters shall include, in accordance with the internal law of each State, the contentious administrative procedures in which they admit features before the courts.
CHAPTER II central authorities Article 2 for the purposes of this agreement, States parties shall indicate a Central Authority in charge of receiving and giving progress to judicial assistance requests in civil, commercial, labor and administrative. To this end, the central authorities shall communicate directly with each other, allowing the intervention of the competent authorities, whenever necessary.
The States parties, to deposit the instruments of ratification of this agreement, shall communicate this to the Depositary Government welfare, which will give her knowledge to other States.
The Central Authority can be replaced at any time, and the respective State report the fact as soon as possible to the depository Government of the present Agreement, to inform the other States Parties of the replacement.
CHAPTER III Equality of Procedural Treatment Article 3 nationals, citizens and permanent residents or of one of the States parties shall, under the same conditions as nationals, citizens and permanent residents or of another State party, free access to the jurisdiction of that State for the protection of their rights and interests.
The first subparagraph shall apply to the legal entities consist of authorised or registered in accordance with the laws of any of the States parties.
Article 4 No security, bond or deposit, whatever its name, may be imposed on the grounds of national quality, citizen or permanent resident or of another State party.
The preceding subparagraph shall apply to the legal entities consist of authorised or registered in accordance with the laws of any of the States parties.
CHAPTER IV cooperation in Simple activity Process and probative News Article 5 each State party shall submit to the judicial authorities of another State party in accordance with the provisions of articles 2 and 10, letters rogatory in civil, commercial, administrative or labour, when for the object: the simple process, steps) such as citations, citations, citations with deadline set, notifications or other similar;
b) receiving or taking of evidence.
Article 6 the letters rogatory must contain: a) name and domicile of the applicant Court;
b) individualization of working hours, with specification of the object and nature of judgment and of the name and domicile of the parties;
c) copy of the application and transcript of the decision which determines the dispatch of letters rogatory;
d) name and domicile of the Prosecutor of the requesting party in the requested State, if any;
and the object statement) letters rogatory, with the name and address of the addressee of the measure;
f) information on the term of the person affected by the measure to keep it;
g) description of the forms or special procedures that will fulfill cooperation requested;
h) any other information to facilitate compliance with the letters rogatory.
Article 7 if requested receipt of tastings, the letter rogatory shall also contain: a) description of the subject that makes the conclusive stage;
b) name and domicile of witnesses or other persons or institutions which have to intervene;
c) texts of interviews and documents.
Article 8 the letter rogatory shall be carried out ex officio by the competent judicial authority of the requested State, and can only deny themselves when the measure requested, by their very nature, undermine the principles of public policy of the requested State.
Such compliance will not imply recognition of the international jurisdiction of the judge which emanates.
Article 9 the authority requested court will have jurisdiction to hear and determine the issues that are raised when the due diligence required.
If the judicial authority required if incompetent to receive the State processing of letters rogatory, shall ex officio the documents and background to the case to the competent judicial authority of its State.
Article 10 the letters rogatory may be transmitted through the diplomatic channel or through the respective consular Central Authority or by the interested parties, in accordance with national law.
If the transmission of the letter rogatory is performed through the central authorities or by diplomatic means or not, will require the requirement of legalization.
If it is transmitted by means of the party concerned, shall be legalised by diplomatic or consular agents of the requested State, except between the applicant State and the respondent has been deleted the requirement of legalisation or replaced by another formality.
The letters rogatory and the accompanying documents must write in the language of the applicant authority and shall be accompanied by a translation into the language of the requested authority.
Article 11 the applicant authority may request the requested authority information as to the place and the date on which the measure requested will be fulfilled, in order to allow the requesting authority, interested parties or their representatives may attend and exercise the faculties authorized by the legislation of the requested Party.
This communication should take place, in advance, through the central authorities of the States parties.
Article 12 judicial authority in charge of the completion of a letter of request shall apply its internal law with regard to procedures.
Nevertheless, the letter rogatory may have, upon request of the applicant authority, special proceedings, assuming the fulfilment of additional formalities on the stage of the letter rogatory, where this is not incompatible with the public policy of the requested State.
Compliance with the letters rogatory shall take place without delay.
Article 13 To arrange the letter of request, the requested authority shall apply the procedural coercive means as provided for by its internal law, in the cases and to the extent that it should do so to fulfill a letter precatória of their own State, or a request with the same end by an interested party.
Article 14 the documents that prove the compliance with the letters rogatory shall be returned by the means and in the manner provided for in article 10.
When the letter of request has not been fulfilled wholly or in part, this fact and the reasons for non-compliance should be communicated to the applicant authority immediately, using the means provided for in the preceding paragraph.
Article 15 enforcement of letters rogatory cannot lead to any kind of expense reimbursement, except when requested evidentiary means that cause special costs, or be designated experts to speak on the stage.
In such cases, shall be recorded in the text of the letter of request the data of the person who, in the requested State, shall make the payment of expenses and fees.
Article 16 When the data on the residence of the recipient of the action or of the person cited are incomplete or inaccurate, the requested authority should exhaust all means to meet the request. To do so, may also request the requesting State the additional data allowing identification and location of that person.
Article 17 The relevant procedures for compliance with the letters rogatory will not require necessarily the intervention of the requesting party, and shall be carried out ex officio by the competent judicial authority of the requested State.
Chapter V recognition and enforcement of judgments and Arbitration Reports Article 18 the provisions of this Chapter shall apply to the recognition and enforcement of judgments and arbitration reports pronounced in the jurisdictions of States parties in civil, commercial, labor and administrative, and shall also be applicable to judgments in the field of repair of damages and return of pronounced in criminal jurisdiction.
Article 19 the recognition and enforcement of judgments and arbitration reports requested by the judicial authorities can process by means of letters rogatory and broadcast yourself via the Central Authority, or through diplomatic channels or, in accordance with national law.
Despite the pointed out in the previous paragraph, the party concerned may deal directly the application for recognition or execution of sentence. In such a case, the sentence should be properly legalized in accordance with the legislation of the State in which it is intended to be effective, except between the State of origin of the sentence and the State where it is invoked if there is deleted the requirement of legalisation or replaced by another formality.
Article 20 The judgments and arbitration reports referred to in the previous article will have extraterritorial effectiveness in States parties when you meet the following conditions:) they come coated external formalities necessary for them to be considered authentic in the States of origin.
(b)), as well as the necessary accompanying documents, duly translated into the official language of the State in which recognition and enforcement;
c) proposed by a competent court or arbitration, under the rules of the requested State on international jurisdiction;
(d)) that the party against whom the decision to run has been properly cited and has guaranteed the exercise of their right to defence;
and the decision has force) of res judicata and/or enforceable in the State in which was dictated;
f) that clearly do not contradict the principles of public policy of the State in which recognition and/or implementing the requirements of sub-paragraphs (a), (c), (d), (e) and (f) must be contained in the authentic copy of the sentence or the arbitration report.
Article 21 the part that, in court, to invoke a sentence or an arbitration report of one of the States parties shall produce a copy of the judgment or authentic report of arbitration with the requirements of the previous article.
Article 22 in the case of a sentence or of an award of arbitration between the same parties, based on the same facts and having the same object from another judirisdicional or arbitration proceedings in the requested State, its recognition and its enforceability will depend on that decision is not incompatible with other concurrent or previous statement delivered in this process in the requested State.
Likewise does not recognize nor shall the implementation, when if there is started a procedure between the same parties, based on the same facts and the same object before any judicial authority of the requested State, prior to the submission of the demand before the judicial authority that has indicated the decision of which request recognition.
Article 23 If a sentence or an arbitration report can't have efficacy in its entirety, the competent judicial authority of the requested State can admit its partial effectiveness upon request of the interested party.
Article 24 procedures, including the jurisdiction of their courts, for the purpose of recognition and enforcement of judgements or arbitral reports, shall be governed by the law of the requested State.
CHAPTER VI of the Public Instruments and other documents Article 25 public instruments from a State party shall have the same conclusive force in others that their own instruments.
Article 26 documents from judicial authorities or other authorities of one of the States parties, as well as the public deeds and documents certifying the validity, the date and the veracity of the signature or the conformity with the original, and are transmitted through the Central Authority, shall be exempt from any legalization or similar formality when certification must be presented in the territory of another State party.
Article 27 each State party shall, through the Central Authority shall, at the request of another State and to public purposes, transfers or certificates of civil status records seats at no cost.
CHAPTER VII Information Foreign Law Article 28 the central authorities of the States parties to provide each other, in respect of judicial cooperation, and as long as they do not oppose the provisions of public order, information in civil, commercial, labor, administrative and private international law, without any expense.
Article 29 the information referred to in the preceding article may also be provided by means of reports provided by the diplomatic or consular authorities of the State party whose right it is.
Article 30 the State party provide information on the meaning and scope of his rights will not be responsible for the opinion issued, nor be required to apply their right, according to the reply provided.
The State party receiving the said information will not be obliged to apply or enforce, foreign law according to the content of the response received.
CHAPTER VIII consultation and dispute settlement Article 31 the central authorities of the States parties will hold consultations on opportunities mutually convenient to them in order to facilitate the implementation of this agreement.
Article 32 States parties, in case of controversy concerning the interpretation, application or fulfilment of the provisions of this agreement, they shall endeavour to resolve it through diplomatic negotiations.
CHAPTER IX final provisions article 33 the present agreement does not restrict the provisions of the conventions on the same subject have been signed previously between the States parties, provided that they are more beneficial to the cooperation.
Article 34 this Agreement shall enter into force 30 (thirty) days after being deposited the instruments of ratification by two States parties of MERCOSUR and the Republic of Bolivia or the Republic of Chile.
For the signatories, shall enter into force on the thirtieth day after the deposit of its instrument of ratification.
Article 35 the Government of the Republic of Paraguay will be the depositary of this agreement and of the instruments of ratification, and shall send duly certified copies thereof to the Governments of the other States Parties.
The Government of the Republic of Paraguay shall notify the Governments of the other States Parties the date of entry into force of this agreement and the date of deposit of the instruments of ratification.
Done in the city of Buenos Aires, República Argentina, five (5) day of the month of July 2002, in an original, in the Portuguese and Spanish languages, both texts being equally authentic.
By the Republic of Argentina Carlos Ruckauf
The Federative Republic of Brazil Celso Lafer For Republic of Paraguay José Antonio Moreno Ruffinelli by the Oriental Republic of Uruguay Didier Opertti for the Republic of Bolivia Gustavo Fernández Saavedra by the Republic of Chile María Soledad Alvear Valenzuela