Abstract

FIGUEIREDO, Nanny Santana Leal de  and  LIMA, Mário Jorge Philocreon de Castro. Analysis of Laudo No. 01/2012: How urgency measures work in the Permanent Court of Review. Rev. secr. Trib. perm. revis. [online]. 2021, vol.9, n.17, pp.205-219. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a9.n17.p205.

The purpose of this paper is the special urgency procedure at the MERCOSUR Permanent Review Tribunal (TPR). After the signing of the Olivos Protocol (PO), the economic bloc sought to update its dispute settlement system, instituting the arbitral court to solidify its’ laws of integration, as well as safeguard the legal certainty for the State Parties. Article 24 of the aforementioned protocol establishes the special procedure, for situations in which there is a risk of irreparable damage if remedial measures are not taken. In this regard, the criteria for the adoption of this procedure are analyzed, outlining Decision N° 23/04 issued by the MERCOSUR Common Market Council that seeks to regulate it. Finally, this paper examines the practical applicability of both the Decision and the special procedure itself through Report N° 01/2012 issued by TPR in response to the demand submitted by Paraguay. The objective is to identify the problems resulting from the limitation of the special procedure, according to the observation of the referred documents. The relevance of this topic involves the future of integration between MERCOSUR countries, as well as the efficiency of its dispute settlement system. The academic method used for the paper was qualitative research.

Keywords : MERCOSUR; Olivos Protocol; Special Procedure.

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