Brésil

Interpretative declaration made upon ratification:

The Federative Republic of Brazil declares that the provisions of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) shall be applied and interpreted in accordance with the United Nations Convention on the Law of the Sea of 1982 (UNCLOS). Brazil understands that this Agreement does not alter the sovereign rights, jurisdiction, and powers of coastal States as defined by UNCLOS, especially with regard to Article 76, which defines the extent of the continental shelf. Recognizing that areas beyond national jurisdiction are the scope of application of the Agreement, and that the Agreement itself defines such areas as those where the high seas and the Area coincide, Brazil emphasizes that the implementation of Articles 5 to 8 of the Agreement, which establish general principles and approaches, must be guided by existing legal instruments and global, regional, sub-regional, and sectoral structures, ensuring that such measures do not undermine or weaken these mechanisms.
Brazil reiterates that the implementation of the BBNJ Agreement must not undermine or compromise the legal regimes to which it is a party. In accordance with Article 70 of the Agreement, no reservations or exceptions shall be made to it, and any declaration made under Article 71 shall not modify or exclude the legal effects of the provisions of the Agreement for the party making such a declaration. Brazil reserves the right to adopt a sovereign position, at any time, regarding any declarations made by non-parties or by parties to the Agreement invoking Article 71 to exclude or modify the effect of the provisions of the Agreement. The absence of a response or formal position by Brazil shall not be interpreted as tacit consent or approval of such declarations. For the purposes of the Agreement, the Federative Republic of Brazil reaffirms the content of Part XV of the United Nations Convention on the Law of the Sea of 1982, with regard to dispute settlement.

Reservation:

… with a reservation, pursuant to subparagraph (a) of paragraph 1 of article 8 of the Convention, to exempt Brazil from applying it to agreements resulting from mediation to which the Federative Republic of Brazil, any organ of the Brazilian State or any person acting on behalf of an organ of the Brazilian State are a party.

4 March 2021

Declarations made upon ratification

I - In accordance with the terms of article 28 of the Vienna Convention on the Law of Treaties, regarding the application of paragraph 2 of article 33 of the Protocol, the provisions of the Nagoya Protocol, for the purpose of its implementation, shall not have retroactive effects;
II - in accordance with the terms of article 8(c) of the Protocol, the economic exploitation for agricultural activities, in accordance with the definition provided for in Act N. 13.123, of 20 May 2015, resulting from reproductive material from species introduced in the country by human action before the entry into force of the Protocol shall not be subject to the sharing of benefits foreseen in the Protocol;
III - in accordance with the provision on article 2 read in conjunction with paragraph 3 of article 15 of the Convention on Biological Diversity, and considering the application of the provisions in articles 5 and 6 of the Protocol, Brazil considers as found in “in situ” condition the species and varieties that form spontaneous populations that have acquired distinctive characteristics in the country and the traditional local variety or breed locally adapted, as per the definition in domestic legislation, in particular article 2 of Act N. 13.123, of 20 May 2015, with a framing of this country under the concept of “country of origin” of these genetic resources;
IV - Act N. 13.123, of 20 May of 2015, is considered the domestic law for the implementation of the Nagoya Protocol.

Declarations:

With respect to matters relating to the support for economically viable alternative activities to tobacco, proposed by the Framework Convention for Tobacco Control of the World Health Organization, adopted by the World Health Assembly on 21 May 2003, Brazil makes the following interpretative declaration:
Brazil declares that, in the context of preambular paragraphs 15 and 16, and of Articles 4 (6), 17 and 26 (3) of the Framework Convention for Tobacco Control of the World Health Organization, there is no prohibition to the production of tobacco or restriction to national policies of support for farmers currently dedicated to this activity.
In addition, Brazil declares it to be imperative that the Convention be an effective instrument for the international mobilization of technical and financial resources in order to help developing countries to make economic alternatives to the agricultural production of tobacco viable, as part of their national strategies for sustainable development.
Lastly, Brazil also declares that it will not support any proposal with a view to utilizing the Framework Convention for Tobacco Control of the World Health Organization as an instrument for discriminatory practices to free trade.

Declaration:

"With regard to article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Brazilian Government declares that, according to article 143 of the Federal Constitution, military service is compulsory, as set forth by law. The Constitution also provides that it is within the competence of the Armed Forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, claim imperative of conscience. Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned by law.
According to the Military Service Act (Law no 4.375, of 17 August 1964), the obligation to military service, in times of peace, begins the 1st January of the year the citizen becomes 18 years old (article 5). Pursuant to the Regulation of the Military Service (Decree no 57.654, of 20 January 1966), citizens may freely present themselves to voluntary military service provided they have the minimum age of 16 years (article 41, paragraph 1 and article 49, paragraph 4).
However, their acceptance to voluntary military service is only possible from the 1st January of the year they become 17 years old (article 127). The acceptance of voluntaries to Military Service requires special authorization from the Armed Forces (Military Service Act, article 27).
Pursuant to the Regulation of the Military Service, the civil incapacity to act, to the purposes of military service, ends on the date the citizen becomes 17 years old. Voluntaries who, upon the act of incorporation or enrollment to the military service, have not yet completed 17 years old, must present written consent from parents or guardians (article 239)."

Upon signature:

Interpretative declarations:
“Interpretative Declarations to be made by the Federal Republic of Brazil on the occasion of signing of the International Convention for the Suppression of the Financing of Terrorism:
1. As concerns Article 2 of the said Convention, three of the legal instruments listed in the Annex to the Convention have not come into force in Brazil. These are the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation; Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf; and the International Convention for the Suppression of Terrorist Bombings.
2. As concerns Article 24, paragraph 2 of the said Convention, Brazil does not consider itself obligated by paragraph 1 of the said Article, given that it has not recognized the mandatory jurisdiction clause of the International Court of Justice."

Reservation:

".....the Federative Republic of Brazil declares, pursuant to article 20, paragraph 2, of the International Convention for the Suppression of Terrorist Bombings, adopted in New York on the 15th December 1997, that it does not consider itself bound by the provisions of article 20, paragraph 1, of the said Convention.

Reservation:

... with an express reservation to article 2.

Upon signature:

"a) The signature of the Convention is made subject to the process of ratification established by the Brazilian Constitution;
“ b) It is the understanding of the Brazilian Government that paragraph 11 of article 17 does not prevent a coastal State from requiring prior authorization for any action under this article by other States in its Exclusive Economic Zone."

Upon signature:

"I. Signature by Brazil is ad referendum , subject to ratifica- tion of the Convention in conformity with Brazilian constitutional procedures, which include approval by the National Congress.
II. The Brazilian Government understands that the régime which is applied in practice in maritime areas adjacent to the coast of Brazil is compatible with the provisions of the Convention.
III. The Brazilian Government understands that the provi- sion of article 301, which prohibits "any threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the principles of international law embodied in the Charter of the United Nations", apply, in particular, to the maritime areas under the sovereignty or the jurisdiction of the coastal State.
IV. The Brazilian Government understands that the provi- sions of the Convention do not authorize other States to carry out in the exclusive economic zone military exercises or manoeuvres, in particular those that imply the use of weapons or explosives, without the consent of the coastal State.
V. The Brazilian Government understands that, in accord- ance with the provisions of the Convention, the coastal State has, in the exclusive economic zone and on the continental shelf, the exclusive right to construct and to authorize and regulate the construction, operation and use of all types of installations and structures, without exception, whatever their nature or purpose.
VI. Brazil exercises sovereignty rights over the continental shelf, beyond the distance of two hundred nautical miles from the baselines, up to the outer edge of the continental margin, as defined in article 76.
VII. The Brazilian Government reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298, concerning the settlement of disputes."
Upon ratification:

"I. The Brazilian Government understands that th provisions of article 301 prohibiting "any threat or use of force against the territorial integrity of any State, or in other manner inconsistent with the principles of international law embodied in the Charter of the United Nations apply in particular to the maritime areas under the sovereignty or jurisdiction of the coastal State.
"II. The Brazilian Government understands that the provisions of the Convention do not authorize other States to carry out military exercises or manoeuvres, in particular those involving the use of weapons or explosives, in the Exclusive Economic Zone without the consent of the coastal State.
"III. The Brazilian Government understands that in accordance with the provisions of the Convention the coastal State has, in the Exclusive Economic Zone and on the continental shelf, the exclusive right to construct and to authorize and to regulate the construction, operation and use of all kinds of installations and structures, without exception, whatever their nature or purpose".

Reservation made upon signature and confirmed upon ratification:

"... Brazil does not consider itself bound by article 29, paragraph 1, of the above-mentioned Convention."

Reservation:

With the reservation provided under article 16 (2).

Reservation:

With the reservation provided for in paragraph 2 of article 13.

"Brazil wishes to take this opportunity to repeat the declaration that was made at the appropriate occasion during the plenary session of the Protocol's Negotiating Conference which took place in Geneva from March 6th to March 24th, 1972, to the effect that the amendments to article 36 of the Convention do not oblige States with laws against extradition of nationals to extradite them.
"Under the terms of article 21 of the Protocol, Brazil wishes to make it clear that it does not accept the amendment introduced by article 1 of the Protocol to article 2, para. 4, of the 1961 Single Convention on Narcotic Drugs."

Upon signature (confirmed upon ratification except as far as concerns the reservation to article 27):

"With a reservation to article 19, paragraphs 1 and 2, articles 27 and 31."

Reservation:

... with a reservation to articles 25 and 66.

Reservations with respect to the following articles and annex:

- Article 20, paragraph 2 (a) and (b);
- Article 23, paragraph 2 (a);
- Article 40;
- Article 41, paragraph 1 (a), (b) and (c) (partial reservations);
- Annex 5, paragraph 5 (c); and
- Annex 5, paragraphs 28, 39 and 41 (partial reservations).
Declarations as regards the above-mentioned partial reservations:

(a) Brazil's partial reservation to chapter IV (Drivers of Motor Vehicles), article 41 (Validity of Driving Permits), paragraphs 1 (a), (b), and (c), refers to the fact that drivers issued permits in left-hand drive countries cannot drive in Brazil before taking a road test for right-hand driving.
(b) The partial reservation to Annex 5 (Technical Conditions Concerning Motor Vehicles and Trailers), chapter II (Lights and reflecting devices), paragraph 28, is against the triangular form of the reflex reflectors required for every trailer, inconvenient for Brazil since the triangular shape is used for emergency signal devices to alert drivers ahead on the road.
(c) In Annex 5, chapter II, paragraph 39, Brazil's reserva- tion refers solely to the amber colour of the direction-indicators, since only red lights should be used at the rear of vehicles.
(d) The partial reservation made to Annex 5, paragraph 41, refers to the fact that in Brazil reversing lights fitted on motor vehicles shall emit only white light.
Declarations:

- Pursuant to the provisions of chapter IV, article 41, para- graph 2 (b), Brazil refuses to recognize the validity in its territory of driving permits held by persons under eighteen years of age.
- Pursuant to the provisions of chapter IV, article 41, paragraph (c), Brazil, referring to annexes 6 and 7 covering models of domestic driving permits, refuses to recognize the validity in its territory for the driving of motor vehicles or combinations or vehicles in Categories C, D, and E of driving permits held by persons under twenty-one yearsof age.

10 December 2009

Declaration:

On 10 December 2009, the Secretary-General received from the Government of Brazil, the following communication:
In reference to the instrument of accession relating to the Convention on the Reduction of Statelessness, concluded in New York on 30 August 1961, the Government of the Federative Republic of Brazil declares that, in accordance with Article 8, paragraph 3, sub-paragraph “a”, item “ii”of the Convention, the Federative Republic of Brazil retains the right to deprive a person of his nationality when he conducts himself in a manner seriously prejudicial to the vital interests of the Brazilian State.
The Secretary-General also wishes to communicate the following information received by the Government of Brazil on 18 December 2009 (Original: English):
“The National Congress of Brazil approved the text of the Convention on the Reduction of Statelessness by means of Legislative Decree n. 274, of 4 October 2007. In accordance with Legislative Decree n. 274/2007, the text of the Convention is approved expressly with the restriction allowed for in article 8 (3) (a) (ii) of the Convention, so that the Federative Republic of Brazil retains the right to deprive a person of his nationality when he conducts himself in a manner seriously prejudicial to the vital interests of the Brazilian State.” In this regard, it is noted that the instrument of accession to the Convention deposited by Brazil with the Secretary-General on 25 October 2007 did not specify the above restriction, in accordance with article 8 (3) of the Convention.

"Reservation is made concerning application of article 10."

The Government of Brazil excludes article 17 (2) from its application of the Convention.
7 April 1972

"Refugees will be granted the same treatment accorded to nationals of foreign countries in general, with the exception of the preferential treatment extended to nationals of Portugal through the Friendship and Consultation Treaty of 1953 and Article 199 of the Brazilian Constitutional Amendment No.1, of 1969."

Upon signature:

"In accordance with SUNAMAM's resolutions Nos. 3393, of 12/30/1972, and 4173, of 12/21/1972, which set up and structured the "Bureau de Estudos de Fretes Internacionais da SUNAMAM", and by which the "Superintendência Nacional de Marinha Mercante (SUNAMAM)" has the authority to reject any proposal on freight rates put forward by Liner Conferences, the contents of article 14, paragraph 6, of that Convention do not conform to Brazilian Law."