Brazil and International Conflicts Resolution in E-Commerce: Analysis of Conflict Resolution Based on the Cisg

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1 Brazil and International Conflicts Resolution in E-Commerce: Analysis of Conflict Resolution Based on the Cisg Arnaldo Sobrinho de Morais Neto 1, Harrison Alexander Targino 2 and Thalysor Mota Vidal Nobrega 3 Abstract: The harmonizationof legal standards for international trade hasalwaysbeen a challengetonations. Differentlawsand legal barriersprevented, for manyyears, common rules, whichonlymaterialized in 1980 withthe United NationsConventiononContracts for theinternationalsaleofgoods - CISG (ViennaConvention), andeffectivelysince 1988 whentheconventionenteredinto force. In thisfirstdecadeofthe XXI Century, developing countries emergedtothe new contextofinternationalmarkets, andtheywerecalled BRICS: Brazil, Russia, India, China and South Africa.Underthiscontext, new scenarios arebeingoutlined, notonlybytheconventionbutalso, aboveall, bythepowerof e-commerce. Therefore, throughthiswork, it isaimedtoperformananalysisoftheeffectsoftheentryofbrazil, as a new player, a signatorytotheconvention. Thereisalsoin this global marketsscenario, strongandirreversible establishment ofcommercialtransactions over the internet, thusresulting in a needtostudyissuesconcerningthejurisdictionandcompetence, arisingfrom disputes basedoninternationalelectroniccontracts, as well as possiblesolutionsbasedontheviennaconvention - CISG. Keywords: CISG, Vienna Convention, BRICS, e-commerce 1. Introduction The postmodern world has been facingtechnologies improvementsover the past twenty years, which together with the registered facts with socioeconomic impact leads us to what is called information society. Much more than changes in society, a lot of changes in relationships that are established between people and companies have been happening, with reflections on concepts and fundamental elements of law and especially in economics, since it includes the application of necessary rules for the regulation of international trade. 1 Master in Economic Law. Lt. Col of the Brazilian Military Police. University Professor at the IESP and Fesp Colleges. Executive Coordinator in the Brazil of the International Association Cybercrime Prevention. Member of the ILA - Brazil and Internet Society. 2 Master in Civil Process Law. Professor at the State University of Paraíba and UNIPÊ. Lawyer. 3 Bachelor of Laws, Associate Researcher at the International Cybercrime Prevention Brazil. 1

2 The search for common rules that will ensure legal certainty in international commercial transactions is not a new fact, however, the dynamics of the events after World War II, guided the process to be accelerated, culminating, therefore, in the creation of international organizations that started to regulate various spheres of society, including the commercial sector. So, it was experienced in a bit more than six decades the reorganization of the economic systems and their areas of influence. Deep changes have led to a desire for global peace and development. Not only one or two states desire this, but also new players that fit in an economic potential growth context, such as the BRICS - alliance formed by Brazil, Russia, India, China and South Africa. In this scenario of the "new world", the great advancements made by Internet show benefits for many people and organizations, transforming personal interactions in a global network, the real "Third Great Revolution", in order to change the system of education practices, interaction, fun and especially commerce: e-commerce. Thus, it is natural to envision, from the realization of business on a global scale, the emergence of conflicts. The discussion of possible solutions to the problems shown are relevant, mainly because there is an increasing trend in the number of internet users to conclude contracts of sale, among other transactions, being obvious to imagine the need to investigate the possibility of legal solution to these conflicts. Thus, this paper is aimed at investigating relevant points about the history, evolution and fundamentals of international trade, regulation and especially the emergence of the alliance between Brazil, Russia, India, China and South Africa - the BRICS. Similarly, it promotes an approach to the implementation of the CISG in Brazil, as well as connections between e-commerce and the proposed theme are detailed, recognizing, as stated by the World Trade Organization itself, the power of e-commerce that is being effective over the Internet. 2. Evolution and regulation of international trade The relationship between state, economy, social life and development leads to one of the key issues in the study of Law and Social Sciences and Economics. Central theme in disciplines such as State Theory, Political Science, Political Economy and Constitutional Law: setting a goal or purpose of the state is a complex issue. For most theorists - Azambuja 4, Vergonte 5, Dallari 6 and Carvalho 7, among others, the purpose of the State is the common good and, in the view of Kiyoshi Harada, this would be "[...] an ideal that promotes well-being and leads to a model of society, which allows the full development of human potential." 8 Ideal situation would still like to reduce or end poverty. 4 AZAMBUJA, Darcy. Teoria Geral do Estado ed.- São Paulo: Globo, P VERGONTE, Antoine. Modernidade e cristianismo: interrogações e críticas recíprocas. - São Paulo: Edições Loyola, P DALLARI, Dalmo de Abreu. Elementos de Teoria Geral do Estado ed.- São Paulo: Saraiva, P CARVLHO, Kildare Gonçalves. Direito Constitucional: Teoria do Estado e da Constituição - Direito Constitucional Positivo ed. - Belo Horizonte: Del Rey, P HARADA apud JUND, Sérgio. AFO - administração financeira e orçamentária: teoria e 750 questões ed. - Rio de Janeiro: Elsevier, 2008.P

3 According to Sachs, "The end of poverty in this sense is not only an end to extreme suffering, but also the beginning of economic progress, hope and security that follows development." 9 This has been a material fact not only in the configuration of modern states, but an event that dates back to the history of civilizations in the ancient world. 10 Without wishing to proceed a historical approach to this theme, looking at the fundamentals of large economic systems (capitalism vs. socialism), which pursued, in its way, the "common good", there is the idea that this duality only exist as "abstract models or ideal types" 11 (which were collapsing) 12. Tavares asks, "If after the occurred changes in the former Soviet there would be space and interest in keeping the discussion or conceptual bipolarity, apparently already surpassed by reality." 13 The image below summarizes these expansion moments of capitalism, without the need to speak too much about the topic: Thus, breaking this ideological debate, the collapse of the planned economy in the CCCP meant much more than the emergence of other States. The events that followed, especially the fall of the Berlin Wall 14, as Friedman points out, has resurrected a sense of hope and freedom, as if all these forces had been imprisoned by World War II and the Cold War, had been released with its end, providing new dimension of freedom to flourish trade previously unimaginable. Regardless of the historical denomination - Capitalism commercial, industrial or financial, the effort of nations always turned to the establishment of minimum requirements for a development standard 9 SACHS, Jefrey d. O fim da pobreza: como acabar com a miséria mundial nos próximos vinte anos. São Paulo: Companhia das letras, P. 51. Tradução de: Pedro Maia Soares. 10 ENCINAS, Manoel Cantos. Introducción al comercio internacional. Barcelona,: OLC, p TAVARES, AndréRamos. Direito constitucional econômico ed. - Rio de Janeiro: Forense, p Tavares believes that there would be a combination of models, theories or ideals, reflecting the collapse of the two models. Quoting Peter Drucker concludes that capitalism would lead to class struggle and socialism proved illusory, not to abolish these classes. 13 Ibidem. p FRIEDMAN, Thomas L. O mundo éplano: uma breve história do Século XXI. Trad. SERRA, Cristiana; DUARTE, Sérgio e CASOTI, Bruno. - Rio de Janeiro: Objetiva, 2007.p

4 and pursuit of new business partners, which, as a rule, expanded upon relationships trade between nations, through the exchange of goods and services. This picture, put in a timeline, shows a very recent process of establishing international regulation for the flow of foreign trade. Although it is possible to register the establishment of bilateral trade agreements, at the time prior to the twentieth century, it is from the first decade of the last century that begins the attempt to establish a multilateral institution to regulate commercial practices among nations. The need to implement this measure, so peculiar, can be found by motivating facts that led to the Great Depression (1929 crisis), World Wars I and II and all subsequent events. The establishment of a new "world order" in the post-cold War sparked a wave of optimism and consequently a rearrangement of geopolitical forces in the world. These facts have as consequences: (1) reduction of distrust and suspicion that had prevented friendly relations and cooperation between the Eastern bloc and the Western bloc; (2) States which succeeded the Soviet Union (Russia and others States) started to accept and respect some basic principles of international law; (3) Degree of unprecedented agreement in the visions of the five permanent members of the UN Security Council, a convergence in views, making the performance of its functions more effectively. Thus, the implementation of "[...] the multilateral trading system was regulated after the Second World War" 15, especially with plans to create in the Bretton Woods meeting international organizations, such as the International Monetary Fund (IMF), the World Bank, the International Bank for Reconstruction and Development and the International Trade Organization - ITO (never worked). According to Barral 16 : The ITO has never come into force. What has been achieved at the time, the ruse of a protocol of provisional application, was to enforce the second and third parts of the Havana Charter. These two parts formed the General Agreement on Tariffs and Trade (General Agreement on Tariffs and Trade - GATT). So, which came into force in 1948 was lame and provisional structure, which lacked the mainstay - the international organization - who wanted to create, with an improve of political scenarios. Having past nearly half a century, after deep changes, reconfiguration of global spaces and rounds of agreements aiming at improvement of the GATT and the achievement of a multilateral body regulator that effectively bring together all states, it was in 1995, with the Marrakesh Agreement, the implementation of the World Trade WTO. The WTO has been completed with the Uruguay Round, the most important "international organization dealing with the global rules of trade between nations, ensuring that trade flows are realized, predictably and freely as possible, with a level playing field for all its members." BARRAL, Welber Oliveira. O comércio internacional. Belo Horizonte: Del Rey, p BARRAL, Welber Oliveira. O comércio internacional. Belo Horizonte: Del Rey, p

5 3. The BRICS and international trade The formation of alliances in the global space is a very common phenomenon. These ties are establisheddue to relationships that date an ancient period of colonization and/or foundation, or even conquest of the States over time. In another picture, these alliances can be builtaiming at transposing difficulties or even alliances for war - very trivial in the course of history. With the advent of reconfiguration of the global spaces, from the late twentieth and early twentyfirst century, these alliances have turned to the commercial aspect. The greatest example of the construction of this ideal community is the European Union, but there isa regional example as Mercosul, and other examples can be listed as APEC and NAFTA. For another perspective, it has been registered in a viewpoint of globalization, without forming alliances that effectively there is a formal document that establishes the rights and obligations of States Parties. In 2001, Jim O'Neill, the Goldman Sachs executive, in a study entitled "Building Better Global Economic BRICs", coined the term, referring to a group of developing countries that share common characteristics: Brazil, Russia, India and China, being admitted in 2011, South Africa, forming the acronym BRICS, which is now widely used as a symbol of the shift in global economic power. In the opinion of O'Neil 18 : Regardless of how we interpret the data, the importance of brics in the growth of the global economy is beyond questioning. Personal consumption in the countries of bric soared. In China, between 2001 and 2010, household spending to grow $ 1.5 trillion, or something closer to the size of the UK economy. Growth in the other three it was very near, if not a little higher. The brics now represent approximately 20% of world trade, compared to less than 10% in Trade between the brics grown much faster than world trade as a whole. It is unquestionable that the new scenarios of post-modern world, in an economy much more globalized, the emergence of political-economic arrangements changes the focus of countries that have a similar socio-economic structure of the hegemony of the great powers. It crystallizes the feeling, above all, of hope for young talents looking for an opportunity to offer low cost and effective solutions to global issues through the use of new technologies, leveling knowledge, enabling, therefore, conditions for development of these countries. Brazil, Russia, India, China and South Africa, in the context of global economies are treading new perspectives with the formation of alliance that reinforces sharing goals, formatting, as well, a new world order, very different from that outlined in the transition from the twentieth to the twenty-first century. Global predictions design this countries to the head of development, although there are many challenges to be overcome in the most basic sectors. 4. The CISG in Brazil: International contracts and the importance of e- commerce The approach of this topic has two essential contexts to the construction of the purpose of this paper. In the foreground, the treatment of formatting contracts based on the United Nations Convention on Contracts for the International Sale of Goods - CISG (Vienna Convention), of which Brazil is a signatory. 18 O ŃEIL, Jim. O mapa do crescimento: oportunidades econômicas nos BRICS e além deles. Tradução: Rafael Longo. São Paulo: Globo, p 13. 5

6 In the next plan, there is a need to bring to discussion, albeit rapidly, the approach on the development of the Internet and the resulting electronic commerce: e-commerce. We will also discuss the possible regulation of commercial transactions that make use of ICTs to be activated, because the Web has given great impulse to world trade. The provisions of the CISG establish their scope, which applies to "contracts of sale of goods between parties whose places are in different states," these being the signatory States (both involved in the business transaction) or subjecting themselves to rules of private international law and consequent use of a law form a signatory State. It still fixes the need for requirements or conditions in order to have the contract submitted to the application of the CISG: a) a contract of sale b) of goods c) signed between parties in different States. The CISG also provides, in Article 2, important provisions that exclude certain trade transactions, such as: goods bought for personal, family or household use; their nature - sale made at public auction, execution or other judicial manner determined by law; nature of goods - securities, credit, money, ships, vessels, hovercraft, aircraft or electricity. Many States establish specific regulation on the procedures mentioned, as its special nature. Summarizing the main points of the CISG, Pereira 19 says that there is: [...] Many similarities between the Brazilian law and the CISG. However, it also shows important differences. One concerns the public and offers general contracting, recognized by the Civil Code of 2002, but not by the CISG, except in exceptional circumstances. There are also important differences in the right to a price reduction for defects in the product, more broadly accepted in the CISG. A fundamental distinction relates to the consequences of the breach of contract. In the CISG, it is required, in most cases, ensure that the innocent party to the defaulting party additional time for compliance, before promoting the resolution of the contract. There is no such requirement in the Brazilian domestic law. Still on the breach of contract, the CISG creates a self-concept (fundamental breach, which could be translated as "fundamental breach"), non-existent in Brazilian law. Among us does not establish a gradation of breach of contract, which complicates the understanding of the situations in which there is a material breach of the resolution authorizing a contract governed by the CISG. Thus, when Brazil joined the CISG, they incorporated into their legal system an important legal instrument regulating international trade, putting themselves in a position of equality with the other players that have signed the Convention, States parties totaling 79. As the Conventionmentions an interstitial of one year for it to be in force, its effects and the application itself will be valid from April The Convention meets most of the expectations of the international community in celebrating business, containing 101 articles dealing with the following provisions: 1) the Convention; 2) formation of contracts, 3) provisions concerning the obligations of the seller and buyer, breach of contract and risk of loss, and 4) provisions for the adoption, ratification and reservations. As the object of the study turns to the contracts that are perfected through the use of internet, it is essential the clarification on the application of the CISG to possible "electronic contracts" in which some headquartered companies in Brazil make use of the Convention as a regulator instrument of commercial transaction internationally. It is known that the basis of communication in the information society, in this postmodern environment, is focused primarily on transnational business 19 PEREIRA, César Guimarães. A CISG e sua aplicação a partes brasileira. São Paulo: Disponível em: <http://www.gazetadopovo.com.br/vidapublica/justica-direito/artigos/conteudo.phtml?id= &tit=a-cisg-e-suaaplicacao-a-partes-brasileiras> Acesso em: 26 de maio de

7 transactions which are perfected using the cyberspace, through electronic signatures and other encrypted protocols, providing considerable security to these transactions. Today, the daily lives of people and organizations are strongly linked to telematics applications. From the simple fact of making a withdrawal at an ATM, make calls or send a message through the mobile phone or read the news in a web site, these are examples of the combination of computer resources to telecommunications. Utilities such as technological resources are essential to public and private organizations, as well as civil society, as much as it was the electricity in the halfnineteenth century. In this sense, the recent developments in computing and telecommunications have an important impact on society and the economy. The increasing availability of small and affordable personal computers has helped to make the world without borders. As computers are becoming much smaller and more economic (low power consumption), mobile devices are increasingly portable and becoming pocket computers, tracking the user anywhere, as it has happened with the growing of sales smartphone. Writing about the impacts of new technologies that have made the "flat world", Thomas Friedman notes that: It is a revolution that has nothing trivial. It's great. Allows the head to be in a place, and his subordinates, in another. [These software platforms workflow] enable the creation of virtual global offices - which will not be confined or to the walls of a room, or the borders of a country - and give you access to talent located in different parts of the world, which may perform tasks that need to be carried out in real time. When we saw, we were working 24 hours by day, seven days a week, 365 days by year - and it all happened in the blink of an eye, over the past two or three years. Understanding the phenomenon of globalization 20, which is not a new process, indicates the concept of internationalization of relations between people, between States and public and private organizations. Among people, the interaction reached an unprecedented process of exchange and without borders. So, just this change afforded by Technological Revolution was able to leverage corporate actions, thus making regional ventures in companies focused on the world market, in other words, transnational. But the idea exposed, in the foreground, to highlight the economic character, must be tempered in the face of the impacts caused by the process of cultural integration, social and political. According to Friedman 21, Globalization has made it possible to create "a global playing field, mediated by the web, which enables various forms of collaboration (the sharing of knowledge and work) in real time, regardless of geography, distance, or in the near future even language." The World Trade Organization - WTO, recognizing the potential of e-commerce, points out: There is no question that e-commerce has grown rapidly since the first users started to browse the worldwide web in search of goods and services. Today, sales realized over the internet represent a 20 PAESANI, Liliana Minardi (Coord). O Direito na sociedade da informação. São Paulo: Atlas, p. 5. PAESANI entende que esse "processo tem raízes no passado, mas sóalcançou a intensidade inédita com a Revolução Tecnológica", isto é, o casamento entre a informática e as telecomunicações. 21 FRIEDMAN, Thomas L. O mundo éplano: uma breve história do Século XXI. Trad. SERRA, Cristiana; DUARTE, Sérgio e CASOTI, Bruno. - Rio de Janeiro: Objetiva, p

8 significant proportion of overall commercial sales. In 1991, the internet had less than 3 million users around the world and its application to e-commerce was non-existent. Almost a decade later, by 1999, an estimated 300 million users accessed the internet and approximately one quarter of them made purchases online from electronic commerce sites, worth approximately US$ 110 billion. This year, global business-to consumer e-commerce sales are set to pass the US$ 1.25 trillion mark. 22 There is, thus, in the face of this growth undeniable, recognized by the WTO itself, pressing an opportunity for developing countries, particularly those covered by the BRICS, reach prominent position in multilateral trade negotiations. The e-commerce has the potential to play important and fundamental role in the enhancement of emerging economies. 5. The e-commerce and application of the CISG to solve transnational conflicts The society of the twenty-first century is increasingly connected to the Internet, online in cyberspace. The effects are irrefutable in the processes of buying and selling, making e-commerce a strategy on the agenda of the States participating in the WTO, especially the BRICS. The social and commercial relationships that are established are increasingly present, generating therefore financial gains, knowledge production and interaction between people. The changes indicated by this new scenario (e-commerce), hence, have also modified the legal dimension of the instruments used to regulate these new situations, in order to ensure the minimum of legal security in achieving business and international business transactions in which having a contract as base. Thus, in order to illustrate the potential of e-commerce in 2012, involving the business e-commerce in Brazil reached the amount of R$ 22.5 billion, according to the report of the e-bit 23 : Electronic commerce in Brazil earned R$ 22.5 billion in 2012, having increased by 20% compared to the previous year, when it recorded R$ 18.7 billion. Thus, the growth forecast made in the second half of last year was confirmed. The data is e-bit, which specializes in information about e-commerce, and were revealed on Wednesday (20) during the 27th edition of WebShoppers report, prepared by the company with the support of the Brazilian Chamber of Electronic Commerce (camara-e. net). It is necessary to consider, however, that the numbers suggest growth year by year of retail purchases, which would not be, in case of international transactions, pursuant to Article 2 of the CISG, inserted in the list of scope and regulation, as the Vienna Convention does not apply to sales "of goods bought for personal, family or household use, unless the seller, at or before the conclusion of the contract, do not know, or should know, that the goods are acquired for such use." 24 It is known, however, that there is a natural tendency that even large contracts for international sale of goods, not just retail purchases, be made online, however, there may be conflicts of jurisdiction CARNETI, Karen. Comércio eletrônico movimenta R$ 22,5 bilhões no Brasil em São Paulo: ComputerWorld, Disponível em:<http://computerworld.uol.com.br/negocios/2013/03/20/comercio-eletronico-movimenta-r bilhoes-no-brasil-em-2012/> Acesso em: 28 de maio de GREBLER, Eduardo; RADAEL, Gisely. CONVENÇÃO DAS NAÇÕES UNIDAS SOBRE CONTRATOS DE COMPRA E VENDA INTERNACIONAL DE MERCADORIAS. Belo Horizonte: CISG-Brasil.net, Disponível em:<http://www.cisg-brasil.net/doc/egrebler2.pdf> Acesso em: 29 de maio de

9 when there is doubt about which laws to apply. Big companies such as the Google Inc., Facebook,eBay, Amazon.com, among others maintain sales channels products through their websites, but suggest as a channel for resolving disputes, as a kind of "arbitration or mediation of conflict online ", a non-judicial level. But if the parties wish to go to court, the question is: which justice will be applied? The question is relevant because the conflict may involve different jurisdictions. One of the contracting parties involved in the dispute can be found in the U.S., and the other or others in different countries. What laws to apply? Would there be a gap in the legal system, as advocated Bobbio? Orshould the question be seen as an empty space to be filled by the magistrate, as Kelsen 25 argues, for whom the possible existence of gaps in the legal system would be a mere fiction? Thus, knowing the possibility of concluding "contracts electronic", especially those related to e- commerce, it is important to check if there is adherence to provisions of the Vienna Convention to the problems posed. To observe that the CISG was formatted in 1980, historical moment in which it would be possible to imagine that international trade could reach levels of trillions of dollars globally. Would this imply the possibility of application of the CISG to e-commerce? The Article 13 of the CISG provides that "For the purposes of this Convention, the term" writing "includes telegram and telex." On this article, it is important to note that Article 11 of the Vienna Convention provides that "The contract of purchase and sale requires no written instrument and is not subject to any requirement of form. It may be proved by any means, including witnesses." If it does not require a specific way, which can be proved by witnesses and yet, considering that there are other forms of recognition (telegram and telex - many employees at the time the Convention was formatted), you can imagine the use of new technological resources to apply the Convention to the business transacted and related with the e-commerce, in compliance with the rules of application of the CISG. Reinforces this understanding the provisions of Article 24 of the CISG: Article 24 -For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention "reaches" the addressee when it is made orally to him or delivered by any other means to him personally, to his place of business or mailing address or, if he does not have a place of business or mailing address, to his habitual residence. Thus, the application of the subsidiary under article 24, assisting its interpretation, any communication received by the recipient in person (in the case of direct forms of communication) or effectively placed at his disposal in a place where he usually receives such communications or where should communications expect to find in the normal course of business, by any means ( , for example), has perfected the contract. Therefore, according to Eiselen 26 "the message sent to the 25 According to Kelsen"The previously mentioned authorization to order a sanction which has not been provided by a preexisting general norm is often given to the courts indirectly, by way of a fiction. It is the fiction that the legal order has a gap, - meaning that prevailing law cannot be applied to a concrete case because there is no general norm which refers to this case. The idea is that it is locally impossible to apply the actually valid law to a concrete case because the necesary premise is missing. KELSEN, Hans. Teoria Geral do direito e do Estado. Tradução de Luis Carlos Borges. 3a ed. São Paulo: Martins Fontes: 1998, p EISELEN, Sieg. E-Commerce and the CISG: Formation, Formalities and Validity in Vindobona Journal of International Commercial Law & Arbitration.Viena: MAA, Disponível em: <http://www.cisg.law.pace.edu/cisg/biblio/eiselen6.html> Acesso em: 28 de maio de

10 address, the fax number, the web address supplied by the recipient should meet the requirements for validity posed by the CISG." Situations not covered by the CISG, especially in cases of electronic contracts entered into retail, when the parties are in different countries, will be under the auspices of the United Nations Convention on the Use of Electronic Communications in International Contracts, 2005, but it is an international instrument that has very recent signing of 13 States parties, and effective in only three, but Brazil is not a signatory in this Convention. In this sense, with the accession of Brazil to the United Nations Convention on Contracts for the International Sale of Goods, since April 2014, the solution of disputes on international contracts, including electronic contracts as detailed in the above provisions will be treated with based on the CISG, becoming an important tool to facilitate legal certainty in a scenario of global economy. 6. Conclusion The international trade has been one of the major inducing of global development elements. A look at the past shows how the evolution of societies has always maintained close correlation with the mode of humanity interact and connect with overcoming obstacles in order to discover new worlds and establish new trade routes since the Phoenicians, Arabs, Portuguese and Dutch to large traders today. The search for stability in international trade relations was, similarly, point of great controversy. Only after the Second World War, with the bitter lessons abstracted from the conflict, it was possible to understand the necessity of establishment of global instances, resulting thus in the creation of international organizations like the UN, IMF, IBRD and in the trade area, the establishment of the General Agreement on Tariffs and Trade (GATT). The obscurity of the Cold War was only eased in the late twentieth century, with the unfolding from Berlin and the breakdown of the communist world, thus creating conducive conditions to the whole feeling of entrapment to be released. The results have been deep changes in the balance of power and the establishment of new scenarios for world trade, accelerated, especially with the Information Revolution. In the context of globalization of markets, the establishment of a minimum regulation for international trade came to be implemented with the United Nations Convention on Contracts for the International Sale of Goods - CISG, 1980, also known as the Vienna Convention, having started to be effective in 1988 and today has 79 signatory countries, including the Brazil. This accession to CISG is relevant for Brazil to consolidate a minimal structure stability in the formation of contracts in foreign trade. As a member and one of the leaders of the alliance that brings together the most important developing countries - the BRICS (Brazil, Russia, India, China and South Africa), so there will be more security in the legal system, with more effective solutions to possible conflicts. In this approach, however, it was aimed to focus the discussion of possible solution of disputes/conflicts, the formalization of contracts that take place over the internet, called "electronic contracts," especially applied in e-commerce, based on the Vienna Convention. Knowing that the World Trade Organization has recognized the importance and growth potential of e-commerce, whose transactions exceed the figure of $ 1 trillion dollars, it is understandable that 10

11 States parties, signatories of CISG, may question the applicability of the Convention to international contracts arising from transactions related to e-commerce. There is, thus, evident indicative of conflict resolution of international commercial transactions related to e-commerce based on the CISG, being possible to recognize, from the interpretation of the provisions contained in Articles 11, 13 and 24 of the Convention, the applicability of such articles, denoting, therefore, considerable reinforcement for that trade to be realized within an optimal security in the legal system for the parties involved. References 1. AZAMBUJA, Darcy. Teoria Geral do Estado ed.- São Paulo: Globo, BARRAL, Welber Oliveira. O comércio internacional. Belo Horizonte: Del Rey, CARNETI, Karen. Comércio eletrônico movimenta R$ 22,5 bilhões no Brasil em São Paulo: ComputerWorld, Disponível em:<http://computerworld.uol.com.br/negocios/2013/03/20/comercioeletronico-movimenta-r-22-5-bilhoes-no-brasil-em-2012/> Acesso em: 28 de maio de CARVALHO, Kildare Gonçalves. Direito Constitucional: Teoria do Estado e da Constituição - Direito Constitucional Positivo ed. - Belo Horizonte: Del Rey, DALLARI, Dalmo de Abreu. Elementos de Teoria Geral do Estado ed.- São Paulo: Saraiva, EISELEN, Sieg. E-Commerce and the CISG: Formation, Formalities and Validity in Vindobona Journal of International Commercial Law & Arbitration. Viena: MAA, Disponível em: < Acesso em: 28 de maio de ENCINAS, Manoel Cantos. Introducción al comercio internacional. Barcelona,: OLC, FRIEDMAN, Thomas L. O mundo éplano: uma breve história do Século XXI. Trad. SERRA, Cristiana; DUARTE, Sérgio e CASOTI, Bruno. - Rio de Janeiro: Objetiva, GREBLER, Eduardo; RADAEL, Gisely. CONVENÇÃO DAS NAÇÕES UNIDAS SOBRE CONTRATOS DE COMPRA E VENDA INTERNACIONAL DE MERCADORIAS. Belo Horizonte: CISG-Brasil.net, Disponível em:<http://www.cisg-brasil.net/doc/egrebler2.pdf> Acesso em: 29 de maio de HARADA apud JUND, Sérgio. AFO - administração financeira e orçamentária: teoria e 750 questões ed. - Rio de Janeiro: Elsevier, KELSEN, Hans. Teoria Geral do direito e do Estado. Tradução de Luis Carlos Borges. 3a ed. São Paulo: Martins Fontes: PEREIRA, César Guimarães. A CISG e sua aplicação a partes brasileira. São Paulo: Disponível em: <http://www.gazetadopovo.com.br/vidapublica/justicadireito/artigos/conteudo.phtml?id= &tit=a-cisg-e-sua-aplicacao-a-partes-brasileiras> Acesso em: 26 de maio de SACHS, Jefrey d. O fim da pobreza: como acabar com a miséria mundial nos próximos vinte anos. São Paulo: Companhia das letras, TAVARES, AndréRamos. Direito constitucional econômico ed. - Rio de Janeiro: Forense, PAESANI, Liliana Minardi (Coord). O Direito na sociedade da informação. São Paulo: Atlas, VERGONTE, Antoine. Modernidade e cristianismo: interrogações e críticas recíprocas. - São Paulo: Edições Loyola,

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