Articles

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20/01/23

Remote jurisdiction

Jurisdiction is an inherent function of the State as a means of safeguarding its sovereignty and, historically, has been associated with its territorial limits – the principle of adherence to territory. This principle is, even today, reproduced by procedural legislation as
factor limiting the exercise of jurisdiction, both externally (observance of national territorial limits) and internally (territorial jurisdiction rules). The underlying reason for the territorial limitations was the infeasibility of granting effectiveness to the jurisdictional exercise outside the national territorial base. It turns out, however, that the advancement of technologies has allowed the effective exercise of jurisdiction regardless of any territorial basis, making it imperative to reframe jurisdiction and territory, with the latter becoming less and less relevant in relation to the exercise of the former.

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Author: Eduardo de Carvalho Becerra

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