A competência do Tribunal Penal Internacional na busca da proteção dos direitos humanos

• Autor(a) principal: Soares, Maria Cláudia Boaventura
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31661
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direitos humanos; Direito internacional penal; Tribunal Penal Internacional; Genocídio; Crimes contra a humanidade; Crimes de guerra; Crimes de agressão; Human rights; International criminal law; International Criminal Court; Genocide; Crimes against humanity; War crimes; Crimes of aggression

This study aims to examine the work of the International Criminal Court as a permanent court in the defense of human rights. It presents a timeline of the evolution of human rights and the constant remodeling of this concept over the years, following the development of societies. On the other hand, violations of these rights have become more evident and, as a result, the notion of international crimes has been created, which, obviously, do not require positive law to be regulated. Thus begins the idea of International Criminal Law, a branch that aims to protect fundamental values of the international community in general, as it criminalizes and establishes punishment for certain conducts. It is in this context that the ad hoc tribunals arise during the 20th century, with the purpose of judging specific and punctual crimes and with competence that is subsidiary to that of the States. Based on the need for an international court of jurisdiction, but one that is permanent and more impartial than the former, the International Criminal Court was established by the Rome Statute and has the competence to judge individuals who commit four types of crimes: genocide, crimes against humanity, war crimes, and crimes of aggression. Based on the analysis of some of the cases tried by the ICC in which the accused were convicted, we conclude the relevance of this Court in the construction of the fight against impunity for human rights violators and in the search for restorative justice