Andrade v. International Civil Aviation Organization

The case concerned labour proceedings brought by an individual against the International Civil Aviation Organization (ICAO), in which she sought recognition of an employment relationship and corresponding labour entitlements. The organization objected, invoking its immunity from suit under Brazilian treaty obligations.

The first-instance labour court declined jurisdiction and referred the case to the federal courts, as disputes involving an international organisation fall within federal jurisdiction. There, the judge dismissed the action without examining the merits, holding that ICAO, as a specialized agency of the United Nations operating in Brazil under the Basic Agreement on Technical Assistance and the Convention on the Privileges and Immunities of the Specialized Agencies, enjoyed immunity from all forms of legal process unless expressly waived, and that this made the claim legally impossible.

On appeal, the matter reached the Supreme Federal Court, which first confirmed its competence ratione personae to adjudicate cases involving international organizations. The Court then examined whether ICAO qualified as an organization protected by the Convention. Relying on the Convention’s express listing of specialized agencies and on Brazil’s legislative instruments of approval and promulgation, it held that ICAO was unquestionably covered by the treaty regime of privileges and immunities.

The Court noted that the Convention grants specialized agencies absolute immunity from legal process unless expressly waived, and that no waiver had been issued in the case. It further emphasized that Brazilian courts could not disregard the obligations arising from Brazil’s ratification of the Convention and the Basic Agreement. The Supreme Federal Court therefore held that the lower court had correctly dismissed the claim as legally impossible in light of ICAO’s immunity from jurisdiction, and it denied the appeal, confirming that the organization could not be compelled to respond to labour proceedings before Brazilian courts.