Lei de Introdução - Aula 21 - Extraterritorialidade - Art. 7º do Decreto-lei 4.657/42

Summary

This lesson explains the concepts of territoriality and extraterritoriality in law, focusing on the Brazilian legal system. Territoriality refers to laws applying within a country's territory, while extraterritoriality involves the application of foreign laws to individuals in another country. The video details how Brazil adopts a moderate form of territoriality and applies the law of domicile for foreigners, which can affect aspects such as personality, name, capacity, and family rights. It also covers exceptions where foreign laws may not be recognized if they conflict with Brazil's sovereignty, public order, or good morals.

Takeaways

• 😀 Territoriality refers to when a country's laws apply within its own borders (e.g., Brazilian laws in Brazil).
• 😀 Extraterritoriality occurs when a country's laws are applied to individuals from other countries while they are within a different territory (e.g., an Italian in Brazil being subject to Italian law).
• 😀 Brazil has adopted a moderate form of territoriality and extraterritoriality, which means it applies its laws within its territory but also recognizes foreign laws in certain situations.
• 😀 The Brazilian legal system applies its laws to Brazilian embassies, consulates, warships, merchant ships, and aircraft even when they are abroad or in international waters or airspace.
• 😀 The law of domicile governs foreign individuals in Brazil, meaning that if a person is domiciled in another country (e.g., Germany), that country's laws may apply to them in Brazil for personal matters.
• 😀 The 'law of domicile' is adopted in Brazil to determine how foreign nationals are treated legally based on where they reside permanently, not where they were born.
• 😀 For issues like the beginning and end of personality, Brazil generally follows its own laws, but foreign laws may apply depending on the individual's domicile.
• 😀 The concept of personal status (statuto personale) involves legal matters like name, capacity, and family relations, which can be governed by the foreign law of a person's domicile.
• 😀 Brazil applies the law of the foreign national's domicile to areas such as name changes, legal capacity (e.g., reaching adulthood), and family law (e.g., marriage or divorce).
• 😀 According to Article 17 of the Brazilian decree, foreign laws, acts, judgments, or declarations are not recognized if they violate Brazil's sovereignty, public order, or morals.

Q & A

What does territoriality mean in the context of Brazilian law?

Territoriality refers to the principle that the laws of a country apply within its own borders, such as Brazilian laws being enforced within Brazil's national territory, including embassies, consulates, warships, and merchant vessels.

How does extraterritoriality work in Brazil?

Extraterritoriality occurs when the law of one country is applied to an individual who is within the territory of another country. In Brazil, a foreigner may be subject to the laws of their home country, depending on their domicile or nationality.

What is the main difference between the law of nationality and the law of domicile?

The law of nationality applies to a person based on where they were born, while the law of domicile applies to a person based on where they reside permanently. In Brazil, the law of domicile is adopted for determining the personal legal status of foreigners.

What does the concept of 'statuto personale' refer to?

'Statuto personale' refers to an individual’s personal legal status, such as their name, capacity, and family rights. In Brazil, a foreigner’s personal status may be governed by the laws of their country of domicile or nationality, depending on the situation.

What does Article 6 of the Decree-Law 4657/42 state regarding territoriality and extraterritoriality?

Article 6 states that Brazilian law applies within Brazil’s borders, including its embassies, consulates, and certain vessels, while extraterritoriality allows for foreign laws to apply to foreigners who are within Brazil, according to their domicile or nationality.

What does the law say about the personal rights of foreigners in Brazil?

The personal rights of foreigners in Brazil, such as their name, legal capacity, and family relations, are governed by the law of the country where they are domiciled, not necessarily by Brazilian law.

How does Brazilian law treat the issue of name and surname for foreigners?

Brazilian law grants every person the right to a name and surname, along with the right to correct it in cases where it may expose them to ridicule. However, if a foreigner’s home country has different rules about name changes, those rules will apply to them in Brazil.

At what age does a person gain legal capacity under Brazilian law?

Under Brazilian law, a person acquires legal capacity at the age of 18, or through emancipation. However, other countries may set a different age for acquiring legal capacity, such as 16 or 21 years old.

What is stated in Article 17 of the Decree-Law 4657/42 regarding foreign legal acts?

Article 17 specifies that foreign laws, acts, judgments, and declarations of will will not be recognized in Brazil if they offend Brazil’s national sovereignty, public order, or morals.

What is meant by the term 'moderate territoriality' in the context of Brazilian law?

Moderate territoriality refers to the principle that Brazilian law applies within its territory, but with certain exceptions, such as its application to Brazilian embassies, consulates, and vessels abroad, as well as in specific international contexts like airspace or maritime zones.