The Brazilian federal constitution states that the power to enter into treaties is vested in the president and that such treaties must be approved by Congress (articles 84, clause VIII, and 49, clause I). In practice, this has been interpreted as meaning that the executive branch is free to negotiate and sign a treaty, but its ratification by the president is contingent upon the prior approval of Congress. Additionally, the Federal Supreme Court has ruled that, following ratification and entry into force, a treaty must be incorporated into domestic law by means of a presidential decree published in the federal register in order to be valid in Brazil and applicable by the Brazilian authorities. COUNT 5
QSN1 What part of the Brazilian federal consitution states that the power to enter into treaties is vested in the president and that such treaties must be approved by Congress? ANS1 articles 84, clause VIII, and 49, clause I QSN2 In practice the Brazilian president must get the prior approval of what body in order to negotiate and sign a treaty? ANS2 Congress QSN3 What Brazilian institution has ruled that a treaty must be incorporated into domestic law by means of a presidential decree? ANS3 the Federal Supreme Court QSN4 In order for a treaty to be valid in Brazil, a presidential decree incorporating the treaty into domestic law must be published where in order to be valid? ANS4 the federal register QSN5 In what office is the power to enter into treaties vested according to the Brazilian federal constitution? ANS5 president