Abstract
The issue of homologation of a foreign arbitral award annulled by a court in the host country of the arbitration presents a problem that has been sought historically through territorialist and transnationalist theories. The purpose of this research is to revitalize the subject. In order to do so, a case study of SEC nº 5.782 (2011/0129084-7), the leading case in Brazil on the subject, to which the STJ applied the theory of unrestricted territoriality. It is intended to discuss in this investigation the grounds that led the brazilian court to decide this paradigmatic case, as well as to consider the existence of other solutions to the impasse in comparative law. At the end, some weights are weighed about the correctness of the decision pointed out, it’s defending their plausibility in the concrete case, but it’s stating their recklessness as a parameter for others judged.
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