The Changes Proposed by Law no. 14.879/2024 and the Limitations on the Forum Selection Clause in International Contracts

Abstract

This study analyzes the possible impacts of the Law nº. 14.879/24, which amended article 63 of the Brazilian code of civil procedure, in the international contracts. The purpose of the law is regulating the application of the forum selection clause for actions arising from rights and obligations. Due to the changes brought in by the law, some requirements have become indispensable for the effectiveness of the forum selection clause which are the relevance to the domicile or residence of one of the parties or to the place of obligation, considering non-compliance with such requirements to be an abusive practice. However, international commercial contracts are characterized by the plurality of parties and legal systems involved in the relationship, leading to the fact that parties commonly adopt the forum selection clause indicating a neutral forum to settle problems arising from these contracts, without necessarily having any connection with the parties or the obligation. Therefore, the purpose is to debate whether the proposed changes constitute a real step backwards and could affect the autonomy of the parties will in international contracts, creating legal uncertainty in transnational legal transactions. It can be concluded that the real setback generated by the modification of the legal provision that deals with the choice of forum clause, by making it possible for the Brazilian judiciary to stop recognizing the autonomy of the parties' procedural will in international contracts, will generate uncertainty and legal insecurity in transnational legal transactions.