In Brazil, judicial review of anti-dumping (AD) measures is a crucial mechanism for ensuring compliance with national laws, while offering limited scope for challenging administrative decisions. Brazilian courts typically adopt a deferential approach, focusing on procedural compliance rather than re-examining the technical aspects of AD investigations, such as dumping margin calculations or injury assessments. The judiciary generally intervenes only in cases of procedural violations or breaches of fundamental rights, underscoring the specialized role of trade authorities like Secretariat of Foreign Trade (SECEX) and Executive Committee of the Chamber of Foreign Trade (GECEX).
Key jurisprudence, such as REsp 1.215.810/RS and AgInt no REsp 1.611.214/DF, illustrates this principle, where courts avoid second-guessing technical decisions and only intervene in cases of manifest errors or constitutional violations. Although Brazilian courts may reference international norms, particularly World Trade Organization (WTO) principles, they do so cautiously, ensuring that such interpretations do not override national law. Additionally, Brazilian courts are generally reluctant to suspend AD measures during judicial proceedings, emphasizing the need to protect domestic industries.
The review process emphasizes transparency and procedural fairness, as seen in cases like REsp 1.572.396/SP, where the judiciary ensures due process in the AD duty calculation. Overall, Brazil’s judicial review framework ensures that AD measures align with national law and international trade commitments, but leaves limited room for challenging the substance of these measures.
Global Trade and Customs Journal