A aplicação dos acordos da organização mundial de comércio pelo poder judiciário brasileiro
The World Trade Organization-WTO, created by the Marrakesh Treaty of 06 April 1994, began operating on January 1, 1995, succeeding the GATT / 1947 and is the main forum for discussion of multilateral trade. The WTO has in its organizational chart two main enforcement agencies a review of trade polic...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/23154 |
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| Resumo: | The World Trade Organization-WTO, created by the Marrakesh Treaty of 06 April 1994, began operating on January 1, 1995, succeeding the GATT / 1947 and is the main forum for discussion of multilateral trade. The WTO has in its organizational chart two main enforcement agencies a review of trade policies and other dispute resolution. In the international context, the responsibility of Member States is imposed after the opening panel by the DSB, the end submitting the sanctions provided for in the WTO agreements. The Brazilian State is subject to penalties for non-compliance with those rules, since the Agreement establishing the WTO, its annexes and plurilateral agreements under its auspices were internalized from Decree n. 1.355 / 1994, in force since the organization. In this perspective, it is expected to adopt internal measures by the state to avoid the penalties are realized. Thus, the Executive Branch carries out the inspection and performance standards through DECON organs, CAMEX, and through Decree regulates the taxation equaling or differentiating of imported products. The judiciary is, when provoked to review the acts of the Executive, in an alternative to frame the country to the rules arising from the WTO. The research aims to analyze whether the Brazilian judiciary is correctly applying the two main WTO agreements, the General Agreement on Tariffs and Trade (GATT / 1994) and the Anti-Dumping Agreement. The objectives are to describe the function, structure and rules of the WTO, explicit international accountability in international economic law, specifically WTO rules, analyze Brazilian judicial decisions in order to ascertain whether they correctly apply WTO rules. |
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