DIPP Revisão

Summary

In this video, the speaker provides an in-depth review for an upcoming exam on public and private international law. They highlight the key topics that are most likely to appear on the test, including treaty law, human rights law, international jurisdiction, and applicable law. Tips on how to approach the exam, including focusing on key legal concepts and practicing exercises, are offered. The speaker also touches on practical legal matters like immigration law and international legal cooperation, stressing the importance of staying updated with new treaties. Overall, the video serves as a helpful guide for exam preparation, with a focus on frequently tested areas.

Takeaways

• 😀 The exam format will consist of 10 questions: 5 on public international law and 5 on private international law.
• 😀 Public international law questions will focus on treaty law and international human rights law.
• 😀 Private international law will cover topics such as international jurisdiction, applicable law, and legal cooperation.
• 😀 The key topics to study for public law include the reception of treaties in Brazil and international human rights law.
• 😀 Human rights law includes civil, economic, social, and cultural rights, with emphasis on treaties like the Universal Declaration of Human Rights.
• 😀 Stay updated on recent treaties or conventions that Brazil has incorporated, as these may be featured in the exam.
• 😀 Understanding the different regional systems of human rights law (European, Latin American, and African) is essential.
• 😀 In private international law, focus on jurisdiction, applicable law, and international legal cooperation, especially for legal disputes.
• 😀 The use of 'direct assistance' in international legal cooperation has improved efficiency and reduced bureaucracy, making it a key exam topic.
• 😀 Review the migration law and nationality topics, as they frequently appear in exams, especially regarding the legal status of foreigners.

Q & A

What are the key points that the speaker emphasizes for the public law section of the exam?

The speaker focuses on two main points for the public law section: treaty law and international human rights law. These topics are central to the public international law portion of the exam.

What is the process of treaty reception in Brazil as described by the speaker?

The process of treaty reception in Brazil involves several steps: treaties are negotiated and signed, then presented to Congress, where they are reviewed by the Chamber of Deputies and the Senate for approval. Once approved, the treaty is promulgated by the executive branch, published in the official gazette, and registered with the relevant international body.

What are the key aspects of international human rights law that the speaker highlights?

The speaker highlights the classification of human rights into three generations: civil and political rights (first generation), economic, social, and cultural rights (second generation), and rights of solidarity (third generation). These concepts derive from the Universal Declaration of Human Rights, and Brazil incorporated these principles into its Constitution in 1988.

Why are recent human rights treaties significant for the exam?

Recent human rights treaties are significant because they often appear in exams. The speaker advises focusing on newly incorporated treaties or those causing international attention, as they are more likely to be tested, especially if Brazil has recently ratified them.

What is the importance of understanding the regional human rights systems, according to the speaker?

Understanding regional human rights systems is crucial because they are often tested in exams. The speaker mentions the European, Latin American, and African systems, emphasizing the need to know the basics of each, such as associated courts and recent developments, like the creation of the African Court on Human and Peoples' Rights.

What are the three main points covered in private international law for the exam?

The three main points in private international law for the exam are: international jurisdiction (where a lawsuit is filed), applicable law (which law governs the case), and the recognition and enforcement of foreign judgments (how foreign decisions are recognized and executed in Brazil).

How does the speaker suggest tackling questions about jurisdiction and applicable law in exams?

The speaker advises focusing on the key elements in the problem, such as identifying the jurisdiction and applicable law based on the facts presented. It is important to eliminate unnecessary information and directly answer the question, even if the problem includes excessive details.

What is the concept of 'direct assistance' in international legal cooperation, as discussed in the script?

Direct assistance refers to a mechanism that reduces bureaucracy in international legal acts. It allows for quicker communication between judicial authorities and central bodies, bypassing the need for judicial review, making the process more efficient.

What role does the Ministry of Justice play in Brazil's international legal cooperation?

The Ministry of Justice in Brazil serves as the central authority for international legal cooperation. It facilitates communication between Brazil and foreign judicial bodies, streamlining the process through direct assistance and ensuring faster forwarding of international legal requests.

What advice does the speaker offer regarding study material for the exam?

The speaker suggests focusing on exercises and the support material provided, as these will help clarify concepts. The speaker does not recommend delving into complex doctrine but advises using the provided texts to reinforce key ideas and ensure a strong grasp of the most frequently tested topics.