Meaning of Erga omnes (What it is, Concept and Definition)

erga omnes is a Latin expression meaning "against all", "in front of all" or "relative to". It is often used in the legal field to refer to a law or norm that applies to all individuals. (binding effect).

O It is made erga omnesis provided for in article 102, paragraph 2, of the Brazilian Federal Constitution.

The final decisions on the merits, rendered by the Supreme Federal Court, in direct actions of unconstitutionality and in declaratory actions of constitutionality will produce effectiveness against all and binding effect, in relation to the other bodies of the Judiciary Power and to the direct and indirect public administration, in the federal, state and municipal spheres.

So, when a certain law has efficiency erga omnes it means that this must be valid for all those who fit the characteristics that regulate it.

THE opposability erga omnes corresponds to the obligation that all individuals have to respect the rights of others, when it belongs to them.

Erga omnes and Interpartes

The effect

erga omnes it usually applies to legislative acts (laws, decrees, resolutions, etc.) and, in this case, its content is a general rule for all individuals who are covered by a certain jurisdiction.

On the other hand, the It is made Interparts it usually belongs to court decisions, which are restricted only to individuals who participated in a particular court action, for example.

See also: meaning of Ex tunc and Ex nunc.

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