Os limites à jurisdição nacional no contexto do ciberespaço e os possíveis caminhos para a ampliação da efetividade das decisões judiciais

Abstract

This research aims to verify the limits of national jurisdiction in the context of cyberspace and the ways to increase the effectiveness of judicial decisions. The first chapter discusses the national jurisdiction and its limits, firstly distinguishing the concepts of sovereignty and jurisdiction and then follows on the discussion of the relativization of the concept of sovereignty in the digital environment. The second chapter goes deeper into the concepts of digital law, thus addressing the origin of the internet, the first regulatory milestones and the main internet conflicts. The third chapter discusses the main tools of international cooperation and what are the guarantees of the effectiveness of decisions in the Brazilian procedural system, then discusses the importance of cooperation treaties to enhance the effectiveness of decisions and finally makes a comparison between the model of Law of the European Union and Brazil. So, this research used a bibliographical review and with the use of qualitative methodology, proceeded to the analysis of books, articles and laws. Finally, it concludes that the Brazilian jurisdiction should seek greater adherence to international cooperation treaties that deal with conflicts and regulate cyberspace.