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Updates on Brazil

31 Dec 2005

On 20 June 2005, President Lula da Silva. together with the Presidents from all MERCOSUR Member States', adopted a Declaration entitled "Committment of the MERCOSUR to the Rome Statute of the International Criminal Court", in which they highlighted the importance and scope of the Rome Statute. They also adopted a common position regarding the provision of Article 98 of the Rome Statute by committing themselves "not to undertake multilateral or bilateral agreements with Third States, that could effect the basis of the jurisdiction of the International Criminal Court or other provisions of the Rome Statute".

The Brazilian Congress adopted a constitutional amendment on 8 December 2004, which, among other provisions, adds paragraph 4 to Article 5 of the Constitution of Brazil, recognizing the jurisdiction of the International Criminal Court. Brazil ratified the Rome Statute on 20 June 2002 and started working on implementing legislation shortly after ratification. The implementing draft was sent to the Civil House (Casa Civil), a presidential body, for approval according to the legislative process of Brazil, before being sent to Congress for discussion and adoption. Constitutional concerns were raised at that time. The working group has been working on a new version of the draft, however, it is not known yet when the final passage will take place.

In November 2003, the Civil House (Casa Civil) of the Presidency of the Republic began analyzing the draft bill on implementing legislation that would allow Brazil to exercise its primary jurisdiction over crimes under the Rome Statute.

In June 2003, the Presidency began studying the draft bill on implementation made by the Government Committee.

In February 2003, NGOs sent observations on the draft implementing legislation to the Minister of Justice.

On 18 October 2002, draft implementing legislation was presented to the Ministry of Justice for consideration.

A committee on implementation legislation was established in April 2002, to suggest amendments on penal, procedural, and constitutional law. The committee, comprised of legal experts, members of the bar association and prosecutors, presented a first draft of implementing legislation to the government for review.

On 12 June 2002, the ICC ratification legislation was passed by the Foreign Affairs Committee of the Senate, and was then adopted by the Senate at its plenary session. The ratification bill was published by the Legislative Branch, and President Cardoso signed it. Finally, the bill was published in the National Gazette, before its deposit at the UN.

In May 2002, ICC legislation was approved by the Plenary of the Chamber of Deputies in Brazil. In March, the ratification bill was approved by the Foreign Affairs Commission of the Chamber of Deputies, and was submitted to the Justice and Constitutional Law Committee and then to the plenary for approval.

A multi-party group of parliamentarians introduced two constitutional amendment bills to facilitate ratification, which was approved by the Chamber of Deputies and sent to the Senate. The amendments accepted the jurisdiction of the ICC, but with the provision that a life-term imprisonment sentence cannot be carried out on Brazilian territory.

An Inter-Ministerial meeting on the ratification of the ICC was held in October 1999 to analyze the possible incompatibilities between the Statute and the Brazilian constitution. The discussion focused on the issues of immunities for high officials, extradition of nationals, and life term imprisonment.

Brazil announced in 1998 that it would accept the jurisdiction of the Inter-American Court of Human Rights, which had been the demand of advocacy groups for a long time. This was deemed to signal a commitment toward instruments of international justice that would have positive effects in generating consensus for ICC ratification.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Brazil 31 Dec 2005 On 20 June 2005, President Lula da Silva. together with the Presidents from all MERCOSUR Member States', adopted a Declaration entitled "Committment of the MERCOSUR to the Rome Statute of the International Criminal Court", in which they highlighted the importance and scope of the Rome Statute. They also adopted a common position regarding the provision of Article 98 of the Rome Statute by committing themselves "not to undertake multilateral or bilateral agreements with Third States, that could effect the basis of the jurisdiction of the International Criminal Court or other provisions of the Rome Statute". The Brazilian Congress adopted a constitutional amendment on 8 December 2004, which, among other provisions, adds paragraph 4 to Article 5 of the Constitution of Brazil, recognizing the jurisdiction of the International Criminal Court. Brazil ratified the Rome Statute on 20 June 2002 and started working on implementing legislation shortly after ratification. The implementing draft was sent to the Civil House (Casa Civil), a presidential body, for approval according to the legislative process of Brazil, before being sent to Congress for discussion and adoption. Constitutional concerns were raised at that time. The working group has been working on a new version of the draft, however, it is not known yet when the final passage will take place. In November 2003, the Civil House (Casa Civil) of the Presidency of the Republic began analyzing the draft bill on implementing legislation that would allow Brazil to exercise its primary jurisdiction over crimes under the Rome Statute. In June 2003, the Presidency began studying the draft bill on implementation made by the Government Committee. In February 2003, NGOs sent observations on the draft implementing legislation to the Minister of Justice. On 18 October 2002, draft implementing legislation was presented to the Ministry of Justice for consideration. A committee on implementation legislation was established in April 2002, to suggest amendments on penal, procedural, and constitutional law. The committee, comprised of legal experts, members of the bar association and prosecutors, presented a first draft of implementing legislation to the government for review. On 12 June 2002, the ICC ratification legislation was passed by the Foreign Affairs Committee of the Senate, and was then adopted by the Senate at its plenary session. The ratification bill was published by the Legislative Branch, and President Cardoso signed it. Finally, the bill was published in the National Gazette, before its deposit at the UN. In May 2002, ICC legislation was approved by the Plenary of the Chamber of Deputies in Brazil. In March, the ratification bill was approved by the Foreign Affairs Commission of the Chamber of Deputies, and was submitted to the Justice and Constitutional Law Committee and then to the plenary for approval. A multi-party group of parliamentarians introduced two constitutional amendment bills to facilitate ratification, which was approved by the Chamber of Deputies and sent to the Senate. The amendments accepted the jurisdiction of the ICC, but with the provision that a life-term imprisonment sentence cannot be carried out on Brazilian territory. An Inter-Ministerial meeting on the ratification of the ICC was held in October 1999 to analyze the possible incompatibilities between the Statute and the Brazilian constitution. The discussion focused on the issues of immunities for high officials, extradition of nationals, and life term imprisonment. Brazil announced in 1998 that it would accept the jurisdiction of the Inter-American Court of Human Rights, which had been the demand of advocacy groups for a long time. This was deemed to signal a commitment toward instruments of international justice that would have positive effects in generating consensus for ICC ratification.