United Nations Development Programme v. Correia

The case originated from an employment disputes instituted before Brazilian courts against the United Nations Development Programme (UNDP). The Court of first instance ruled upon the case, holding that the jurisdictional immunity, under the Convention on Privileges and Immunities of the United Nations – as interpreted in the light of national Constitution – is limited to acts jure imperii. Employment disputes fall out of the scope of such immunity, as they involved private law activities.

The UNDP appealed the judgment before the Supreme Court.

The Supreme Court upheld the appeal, finding that the United Nations, its organs and specialized agencies enjoy immunity from every legal process, except insofar as the organization waived such immunity. The Supreme Court reminded that, according its traditional interpretation, such absolute immunity includes employment – related claims. The Court also reminded that, as clarified in its case law, there is no conflict between the Convention and the Constitution.