Abstract

This paper aims to report on the judgment of the Cristiano Paes de Castro v. United Nations and Brazil case (RE 1.034.840) regarding the jurisdictional immunity of international organizations, highlight its most relevant contributions and repercussions so far, and inquire whether the matter is finally set before Brazilian courts. The Brazilian Supreme Federal Court reasserted the immunity rule and established a binding thesis prescribing the observance of jurisdictional immunity granted by treaties. However, the conciseness of the reasoning makes it recommendable to turn to previous precedents for the clarification of the Supreme Court’s views regarding certain issues that are typically argued in immunity cases and were not expressly dealt with in this judgment. In the immediate aftermath, the other courts proceeded to apply the thesis, but a recent ramification may be cause for concern, since the Superior Labour Court has extrapolated this precedent, applying it to foreign States as well.

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