O mito de Jano: as duas faces da ordem pública no Direito Internacional Privado

Abstract

The present article is inserted in the field of study of private international law, focusing in the analysis of the current nature of public policy. Its main objective is to analyze both national public policy and international public policy, considering if both are excluding or converging concepts. Such approach is developed through a metaphorical interpretation of the connection between the concept of public order and the roman divinity Janos mythos. Initially, an analysis is made concerning the formulation of the concept of national public order in a legal-historic scope, considering legal definitions brought by international and national rules. In sequence, treats about the possibility of conceptualization of a international public order and which would be the sources of such. This study points toward conclusions in the sense of the need of interpretations that ensure that both modalities of public order coexist and that respect the private international law and national law.