United Nations Development Programme v. Sousa

The case originated from an employment dispute instituted against the United Nations Development Programme (UNDP) before Brazilian judicial authorities. On first instance, the Labour Court ruled upon the case, holding that States and international organizations are not entitled to absolute immunity under international law. According to this reasoning, labour disputes would fall out of the scope of international organizations’ immunity, limited to public or institutional acts.

The UNDP appealed the judgment before the Supreme Court.

The Supreme Court upheld the appeal, finding that the United Nations and its specialized agencies enjoy immunity from every legal process, except insofar as the organization waived such immunity. The Supreme Court reminded that such absolute immunity includes employment – related claims.