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STF Virtual Plenary decides that international bodies have immunity from jurisdiction

Friday, June 16, 2017

By means of vote in the Virtual Plenary, the Brazilian Federal Supreme Court (STF) reaffirmed the dominant jurisprudence of the Court in order to recognize immunity from jurisdiction to international organizations, guaranteed by a treaty signed by Brazil. Therefore, there is no possibility of being sued in court. The subject was object of analysis of an Extraordinary Appeal (RE) 1034840, which had general recognized repercussion.

The case originated in a labor claim filed by a worker against the United Nations Development Program (UNDP) and the Federal Government. He was seeking the recognition of an employment relationship with the international body and the subsidiary condemnation of the Union, since he signed a contract to provide services in the premises of the Ministry of Foreign Affairs. The first degree court upheld the preliminary of immunity from jurisdiction and extinguished the process without judgment of merit, an understanding maintained by the Regional Labor Court of the 10th Region (TRT-10). However, upon appeal for review, the Superior Labor Court (TST) dismissed the immunity from jurisdiction, determining the return of the case file to the court of origin, for a sequencing of the case. Against the judgment of the TST, the Union appealed to the Supreme Court.

In vote in the Virtual Plenary, the STF unanimously acknowledged the general repercussion of the constitutional question raised and, on merit, by a majority of the votes, reaffirmed the ruling jurisprudence on the matter, overrun the justices Marco Aurélio, Edson Fachin and Rosa Weber.

Read more: Plenário Virtual do STF decide que organismos internacionais têm imunidade de jurisdição

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