The controversial relationship between the United Nations Security Council resolutions on the freezing of financial assets of individuals involved with terrorism and the brazilian constitutional order

• Autor(a) principal: Tartarotti, Alana Sonego
• Data de Publicação: 2022
• Outros Autores: Subtil, Leonardo de Camargo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/28605
• topic: Terrorismo; Resoluções do Conselho de Segurança das Nações Unidas; Congelamento de ativos financeiros de indivíduos; Devido processo legal; Ordem constitucional brasileira; Terrorism; United Nations Security Council Resolutions; Freezing of individuals’ financial assets; Due process of law; Brazilian constitutional order

After the September 2001 terrorist attacks, the United Nations Security Council determined the immediate freezing of financial assets of individuals who had committed or were linked to acts of terrorism, according to Chapter VII of the United Nations Charter. In compliance with Security Council’s Resolutions, the Brazilian State finds itself in a delicate position to comply simultaneously with the legal obligations imposed by the Security Council under International Law – in the immediate freezing of assets of individuals involved in terrorism – and in giving effect to due process of law in Brazil. From the analytical-normative method and the exploratory-bibliographic research technique, the following research problem was outlined: Given the apparent legal controversy established between the Brazilian Federal Constitution and the Security Council Resolutions on the freezing of financial assets of individuals involved with terrorism, how should Brazil legally position itself on such controversy, considering both the legal obligations assumed constitutionally and internationally? It was argued that the Brazilian State must fulfill international obligations imposed on the United Nations Charter – materialized in Security Council Resolutions issued under Chapter VII of the Charter, and nationally imposed by Law No. 13.810/2019.