A funcionalidade do Tribunal Permanente de Revisão do Mercosul: entre o órgão de apelação da organização mundial do comércio e o Tribunal de Justiça das comunidades européias

Abstract

One of the most substantial innovations of the Olivos Protocol (OP), which regulates Mercosul s dispute resolution system and is in force to substitute the Brasilia Protocol (BP), was the creation of the Permanent Tribunal of Revision (PTR). In fact, Assunção Tribunal constitutes the supreme jurisdictional instance on the matter of dispute resolution and interpretation of Mercosul law, reason why it can contribute for building a uniform jurisprudence on a communitary basis for the block. The PTR was provoked once as a revising instance and, although it is characterized as arbitral, it detains competences which go beyond this nature. In this context, this research aims to verify the functionality of this Tribunal, or more specifically, its pretension of functionality. For this purpose, the rules of the OP where analyzed, together with its Regulation, the decisions of the Common Market Council (CMC) that relate to the PTR and its first arbitral report. Moreover, paradigmatically, two judiciary organs where studied, according to their functionality and the nature of the international organizations in which they are responsible for the dispute resolution: the Appellate Body (ApB) of the World Trade Organization (WTO) and the Court of Justice of the European Union (CJEU). For the realization of the present research, the dialectic method was chosen for the approach. In terms of procedure, the historical, comparative and monographic methods were followed. The sources of the research were doctrine, legislation and jurisprudence. The dissertation was developed in two chapters, both divided in two parts, which were also subdivided in other two parts. In the first chapter, the subjective aspects of the PTR were analyzed the composition and the formation of the passive and active poles of the procedural relation together with its competence. The second chapter deals with the PTR arbitral report and the possible establishment of a uniform jurisprudence in Mercosul. For this reason, in a first moment, the particularities of the jurisdiction and the arbitral reports were studied so that, in a second moment, the first and only case submitted until now to the PTR could be analyzed in broader detail. In the end, it has been concluded that the pretension of functionality of the Tribunal does exist, which shall and must - be expanded.