A contribuição das diretrizes da UNCITRAL para o comércio eletrônico cross border realizado entre empresas brasileiras

Abstract

This article starts from the following research question: How do UNCITRAL guidelines contribute to cross border electronic commerce carried out by Brazilian companies from the year 2000? Therefore, we sought, as a general objective, to discuss the contribution of UNCITRAL guidelines for electronic commerce carried out between cross border companies. These are commercial transactions across borders, therefore, it is necessary to apply the international legislation in force in the face of this legal business model, in a timely and assertive manner, which is a major challenge for international law. In this way, it is relevant to analyze the results, in view of the legal support to consumers and sellers, who are, in this research, companies that do business with other companies in a globalized world through electronic commerce. As specific objectives, it was verified the need to identify the concepts that involve e-commerce and cross border, as well as their historical aspects in Brazil and in the world; identify the legislation applicable to cross border e-commerce and understand its implications for transactional electronic commerce between companies and investigate, from the situations analyzed, the limits and scope of the UNCITRAL guidelines for cross border electronic commerce carried out between companies. As a methodology, bibliographic review and document analysis (applicable legislation and Court data) were used.