A aplicação da autonomia da vontade nos contratos internacionais no âmbito do direito internacional privado brasileiro

Abstract

The monograph paper is about the the appliance of the principle of party autonomy, more specifically the autonomy of will, in international contracts, under the Brazilian international private law. The methodology applied was a bibliographic review. The work was structured based on a brief delimitation of international contracts, followed by a study of the principle of autonomy of will and its limitations. Subsequently, the examination of article 9 of the LINDB and its appliance in the Brazilian legal system, going through an analysis of the legal nature of the standard. Then, a survey took place to study the Brazilian Arbitration Law and Inter-American Convention on the Law Applicable to International Contracts. The study carried out through an post-positivism optics, and it was possible to conclude what limits apply to the principle of private autonomy in a more cohesive way with the current society and legal order. It was also established how should the norm contained in article 9 of the LINDB be interpreted, aiming at a Brazilian international private law harmonious to the legal system and society.