Abstract
The purpose of the present article is to analyze the utilization of the nationality principle as a connecting factor for conflict of laws regarding the personal statute of the individuals in Brazilian legislation. The proposed problem consists on verifying whether the theory of the Italian jurist Pasquale Stanislao Mancini had influenced the legislative choice to favor the prevalence of the criterion of nationality as a connecting factor until the advent of the 1942 Law of Introduction to the Civil Code, which began to favor the domicile criterion. The hypothesis is that the legislation and part of the Brazilian doctrine were influenced by the thinking of the Italian jurist, but also by the French doctrine on the matter. From a methodological point of view, the research uses as foundation Paolo Grossi’s History of Legal Thinking.
Keywords:
Private International Law; Connecting Factor; Nationality