As reservas aos tratados nas relações internacionais do Brasil com base na Convenção de Viena sobre o Direito dos Tratados de 1969

Abstract

The instrument of the formulation of reservations to multilateral international treaties constitutes a useful method to guarantee the creation of a more favorable and attractive context for the participation of States and International Organizations on the signing and execution of treaties, acting favorably, in consequence, to expand the prestige of international law as a source for the creation and study of Law. Being historically linked to customs, the so-called Law of Treaties became the object of formal integration as a coded norm, with the Viena Convention on the Law of Treaties of 1969, as well as the Viena Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986, representing a clear example of this tendency. In this context, the Brazilian State constitutes a party to the Viena Convention of 1969, having it ratified with reservations to articles 25 and 66. In this context, the scope of the present essay makes itself known, that is to analyze the conceptualization of the reservations to international treaties to examine the international relations of the Brazilian State focusing on the established rationale regarding the formulation of reservations, doing so through the research of academic treatises and official documents, with the objective of comprehending the Brazilian position and the legal foundations of the actions of the Executive and Legislative Branches. Furthermore, describing reservations in accordance with their respective effects and manifestations on the treaties, analyzing their formal and material characteristics, and the admissibility of the formulation of reservations regarding their terms and the respective effects over the parties.