Submission of Commercial Documents and Data to Foreign Authorities & Blocking Statutes

This is the abstract of a paper I have written which just came out at the Journal of the UFRGS Postgraduate Program, a Brazilian Law School located in Porto Alegre. Porto Alegre is the southernmost State Capital in Brazil and a beautiful city with an unusually cold climate.

This paper aims at examining the practical and theoretical issues related to article 181 of the Constitution of the Federal Republic of Brazil, of 1988 – CFRB/88. Initially, one comments current trends on the storing of commercial data by companies and the general landscape whereby different jurisdictions interact in this regard. Thereupon, the circumstances of application of article 181 of CFRB/88 are examined and one delves into the main developments of the procedure by which data is requested by a foreign authority. Additionally, article 181 is compared to the traditional tools of international legal cooperation, to wit: recognition of foreign judgments, letters rogatory and mutual legal assistance. The following chapters concern, respectively, the analysis of article 181 in light of the constitutional principles of the financial and economic order, and the study of the conceptual cores of the article. International blocking statutes are then assessed and, finally, the concluding remarks are presented.

The full text, in Portuguese, can be found here.