A tendência de flexibilização da imunidade de jurisdição frente a graves violações de direitos humanos
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2013-11
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Almeida, Paula Wojcikiewicz
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This paper focus on Jurisdictional Immunities of States’ easing trend in cases of serious violations of human rights, taking into account the content of the decisions made by national and international courts. In some situations, the Jurisdictional Immunities of States, standard used for preserving state sovereignty, opposes the fundamental rights of the citizen, subject of public international law. In this sense, this paper brings up the discussion on the trend of relaxation of these rules depending on compliance with mandatory standards for the protection of serious human rights violations. In fact, the hypothesis of this paper is to investigate the trend of easing of Jurisdictional Immunities of States as opposed to serious human rights violations. Decisions of national and international courts will be discussed, supported by legal and doctrinal norms. The purpose of this explanation consists of not only (i) a hierarchy argument, which entails questioning the supremacy of legal norms of jus cogens, not limited to the Law of Treaties, but also (ii) an argument on Jurisdictional Immunities of States rising by an international custom - repeated practice uniform and constant - the recognition of a new trend of easing standards will be questioned as a result of new international custom emergence, namely, the protection of serious violations of Human rights.