O Tribunal Penal Internacional e a Constituição Federal de 1988: conflitos aparentes ou verdadeira inconstitucionalidade?

Abstract

The International Criminal Court consists of a court of permanent jurisdiction whose primary mission is the punishment of crimes against humanity. It is the first international criminal court of a permanent nature, as a result of intense efforts to prevent and repress violations of human rights, especially during armed conflicts. Thus, it establishes as a procedural rule cooperation with the States Parties, without interfering in their sovereignty, since it gives priority to these States in exercising their jurisdictions, defining that it will exercise its jurisdiction only to the extent that they cannot do so. However, various norms in its legal body, according to some doctrinators, would conflict with the Federal Constitution, since Brazil is one of the States parties. Conflicts that may appear insuperable, putting at risk the internal legal security and sovereignty of the country. The study of these conflicts is part of the present work, without forgetting the meaning of the ICC, since the constant progression of Human Rights, in view of the principles created, the International Criminal Court represents an instrument for the especially for the protection of human rights, easily fragilized and vilified in the constancy of periods of war or by the action of authoritarian states or not. This evolutionary nature is easily verified by analyzing the military and ad hoc tribunals that preceded the creation of the ICC, since they were exceptional in nature, created after the incriminating fact, called by the International Law of Victims' Courts to judge the vanquished (and in fact had this nature). But this way of doing justice has been replaced by the ICC, with its universal and permanent jurisdiction, used to repress and punish crimes that indescribably reach the human community and always mark the history.