A pena de prisÃo perpÃtua do estatuto de Roma do Tribunal Penal Internacional e a constituiÃÃo brasileira

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This dissertation aims at the examination of the Rome Statute of the International Criminal Court and its compatibility with the Brazilian Constitution of 1988, specifically as regards lifetime prison, contemplated in the Rome Statute and banned form our Magna Carta.Within this scope, the analysis of the definition of the concept of International Criminal Law is initiated, the intersection of International and National Law is targeted, given the internationalisation of human rights. The historic background of the International Criminal Court is then presented, including the initiatives prior to the Secon World War and the Military Courts of Nuremberg and Tokyo, widening the territory of International Criminal Courts to the former Yoguslavia and Ruanda. There follows an analysis of the work presented to the creation of the International Criminal Court, studying, among other aspects, its general principles of Criminal Law, the composition and administration of the Court, Office of the Prosecutor, the principle of complementarity, the incumbence of defendants to the court, crimes and penalty contemplated by the Rome Statute. The Rome Statute is then analysed in the light of the Brazilian Constitution, especially as regards the compaibility of the text in question, when it contemplates the use of lifetime imprisonment, with the constitutional ban of such penalty. Finally, the Constitutional Amedment Bill 45 from 8th December, 2004, working since 31st December, 2004, taking into consideration the constitutional text referring to topics concerning the International Criminal Court as well as the pressing need to vote a bill destined to enable the primary trial of people accused of crimes under the sphere of that Court, making the cooperation with the International Criminal Court a possibility

ASSUNTO(S)

the rome statute lifetime imprisonment international penal law international penal court direito constitucional tribunal penal internacional direito internacional penal; tribunal penal internacional; estatuto legal, leis etc.; prisÃo (direito penal); direito constitucional direito internacional penal constitutional law direito constitucional estatuto de roma pena de prisÃo perpÃtua

ACESSO AO ARTIGO

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