The State Immunity in Brazilian Judiciary

Progress and Challenge

Authors

  • Valesca Raizer Borges Moschen Federal University of Espírito Santo
  • Martha Lucia Olivar Jimenez Federal University of Rio Grande do Sul

Keywords:

Immunity from Jurisdiction, Immunity from Execution, International Jurisdiction, Jus Congens, Human Rights

Abstract

The solutions found by the national courts to conflicts involving a foreign State is currently one of the most interesting issues in the international arena and has no universal rules in force. The immunities of foreign state are part of a category of cases in which public international law, private international law and procedural law are closely and constituting a real “gray area” on constant evolution. This paper seeks to analyze how they are developing the limits and possibilities of immunity of foreign States in Brazil, particularly in the light of human rights.

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Author Biographies

Valesca Raizer Borges Moschen, Federal University of Espírito Santo

Associate Professor at the Federal University of Espírito Santo, Brazil Phd in Law from the University of Barcelona.

Martha Lucia Olivar Jimenez, Federal University of Rio Grande do Sul

Associate Professor at the Federal University of Rio Grande do Sul, Brazil Phd in Law from the University Robert Schuman.

Published

2013-12-01

How to Cite

MOSCHEN, V. R. B.; JIMENEZ, M. L. O. The State Immunity in Brazilian Judiciary: Progress and Challenge. Civil Procedure Review, [S. l.], v. 4, n. 3, p. 99–121, 2013. Disponível em: https://civilprocedurereview.com/revista/article/view/60. Acesso em: 3 jul. 2024.

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