In the Changri-lá’s waves: extension and limits of Brazilian jurisdiction vis-à-vis the international immunities of States

Abstract

This article has two objectives, the first of which is to address the issue related to the extent and limits of adjudicative jurisdiction in its relationship with the jurisdictional immunity of States in accordance with International Law. The second is to carry out a comparison between the current understanding of the Federal Supreme Court in ARE 954.858, which it understood to be relative to immunity from acta jure imperii jurisdiction related to violations of human rights and war crimes - Changri-lá case -, taking as a paradigm the decision of the International Court of Justice in the case of Germany v. Italy 2012. The problems indicated will allow a minimum discussion on the concept of sovereignty based on a dialogue between International Law and Domestic Law, the incorporation of customary international norms and the difficulty that arises in this terra incognita, assessing how the jurisprudence of the STF has addressed the issue of the extent and limits of adjucative jurisdiction due to the incidence of international immunities, as well as a de lege ferenda criticism of the Federal Supreme Court’s decision. The method adopted was a case study guided by criticism, as it seeks, based on the contrasts between opposites – the decision of the STF and that of the International Court of Justice – a comprehensive synthesis that corresponds to the content of the international norm applicable to the case, and to reconstruction of the Changri-lá case, the historical method. The methodology applied was bibliographic and jurisprudential research and the document analysis.