Informação jurídica inteligente
 Brasil | +55 (11) 31 81 77 29

Re Jursitis [Brazil, Supreme Court.]

International Law Reports Citado por Precedent Map Related
Vincent
Data04 Abril 1956
ÓrgãoSupreme Court (Brazil)
Brazil, Supreme Court.

(Edgar da Costa, Rapporteur; Guimarães, Riberito da Costa, da Andrada JJ.)

Re Jursitis.

Diplomatic Immunities — Subordinate Members of Staff of Embassies — Drivers — Immunity from Criminal Jurisdiction — Relevance of Nationality of Member of Staff — The Law of Brazil.

The Facts.—Jursitis, a Lithuanian national, was employed as a driver by the Austrian Embassy in Rio de Janeiro. On May 22, 1953, while driving a car belonging to the Embassy, he was involved in a collision. He was prosecuted and convicted by a Magistrate's Court under Article 129 of the Penal Code. An application for habeas corpus was made on his behalf on the ground that the Magistrate had no jurisdiction because (a) Jursitis was a member of the Embassy staff and (b) he was an alien.

The Court below held that the application must be dismissed. Jursitis as a driver was not a diplomatic officer and was therefore not entitled to immunity from the jurisdiction of the courts in criminal matters. In any event, he was not an Austrian national.

The applicant appealed from this decision.

Held (Guimarães and da Andrada dissenting): that the...

Para continuar a ler

PEÇA SUA AVALIAÇÃO

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT