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Thaís S. Moya

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Video proves: Barroso argues that international treaty takes precedence over Brazilian law.

Sociologist Thais Moya, a columnist for 247, presents a video of Minister Luís Roberto Barroso in a plenary session of the Supreme Federal Court (STF), in which he emphatically defends the supralegal status (above national law) of international human rights treaties; Barroso is the rapporteur for the requests to challenge Lula's candidacy at the Superior Electoral Court (TSE) and will have to examine the issue in light of the injunction granted by the UN to Lula based on the International Covenant on Civil and Political Rights; watch the video.

Video proves: Barroso argues that international treaty takes precedence over Brazilian law.

As I have already demonstrated in two articles for 247, there are official decisions, both from ministers and the Attorney General of the Republic (PGR), in addition to Binding Precedent 25, that unequivocally demonstrate that jurisprudence affirms that the International Covenant on Civil and Political Rights – of which the committee is both a result and a part – is above ordinary law, that is, above the Clean Record Law. The first of these was "The Brazilian Supreme Court (STF) and Dodge agree that UN treaties take precedence over Brazilian law.and the second one was titled "UN injunction in favor of Lula suspends the effects of the Clean Record Law."

Here is a video of an intervention by Minister Luís Roberto Barroso in a plenary session of the Supreme Federal Court (STF) deciding on independent voting (without party affiliation), in which he emphatically recognized the supralegal status (above national law) of international human rights treaties.

Subscribe to TV 247 And watch the statement: 

Note that Barroso argues that these treaties should have constitutional status, meaning they are even more powerful than jurisprudence defines. This is a position defended by other ministers, led by Celso de Melo, and also by the Attorney General, Raquel Dodge. In other words, nobody believes that the treaty is subordinate to domestic laws; it's exactly the opposite.

Barroso, as rapporteur, will initially decide on the candidacy at the TSE (Superior Electoral Court), in a scenario completely different from when he assumed the role: a preliminary injunction from the committee responsible for ensuring compliance with the UN Treaty on Civil and Political Rights guarantees Lula the right to run. And now?

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.