Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State
Portugal
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Portugal/2000/221
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 13/12/2000

Maria Aparecida Pereira de Melo Cunha Brazão (individual) v. Brazilian Embassy and Republic of Brazil (State)

Author(ity)

District Court (Tribunal da Relação de Lisboa) – Appeal

Date of the decision, of the judgment

13/12/2000

Points of law

- immunity from jurisdiction of foreign States must have a restrictive scope, limited to acts of public power, practised under the “jus imperii”

- when the State acts “jure gestionis” there is no immunity from jurisdiction

- in this case even if one applied the principle of absolute immunity, the Republic of Brazil waived such immunity

- the court is internationally competent to judge the case

Summary of the case

In an appeal before the District Court of Lisbon by an individual against the Brazilian State, the Court considered that:

Immunity from jurisdiction of foreign States must have a restrictive scope, limited to acts of public power, practised under the “jus imperii”; when the State acts “jure gestionis” there is no immunity from jurisdiction. The international community, doctrine and jurisprudence are evolving in the sense of restricting the State’s immunity. In this case (labour contract), the foreign State is a mere contractual party acting without jus imperii and in the same situation as the other subjects of the legal relationship, and thus should be treated in equality as the other private persons. However, even if one applied the principle of absolute immunity, the Republic of Brazil waived such immunity by accepting the local jurisdiction and by refraining from invoking such immunity, having accepted to the cited and having appointed a lawyer to represent her in court. The court is internationally competent to judge the case of the claimant against the Republic of Brazil for the labour relationship between her and the Brazilian Embassy in Lisbon.

Sources

Unpublished

Additional information (explanations, notes, etc.)

n/a