6 de setembro de 2018

Today (09/04) we filed a request for urgent relief with the Federal Supreme Court in order to rule out, based on the interim measure granted by the UN Human Rights Committee on August 17, 2018, any obstacle to the candidacy of former President Luiz Inácio Lula da Silva for the 2018 election.

The motion emphasizes the binding nature of the Committee’s decision, since:

(i) the UN Covenant on Civil and Political Rights was approved by the Country in 1992 (Legislative Decree no. 582/91);

(ii) Brazil has recognized the jurisdiction of the UN Human Rights Committee to examine individual communications on breaches of the International Covenant on Civil and Political Rights (Legislative Decree no. 311/09);

(iii) the Federal Constitution imposes the unrestricted enforcement of human rights in domestic order and the immediate effectiveness of the norms on the subjects (article 5, paragraph 1), which include the decisions of the UN Human Rights Committee;

(iv) it is not up to the Brazilian judicial bodies to examine the decisions rendered by the Human Rights Committee, but rather to comply with the international obligations Brazil has taken on.

In the same motion, we demonstrate the urgency in examining the request in face of the decision of the Superior Electoral Court last August 31st.

Cristiano Zanin Martins / Valeska T. Zanin Martins