Tribunal penal internacional

• Autor(a) principal: Kolchinski, Elenir Teresinha
• Data de Publicação: 2015
• 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/33942
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; International criminal court; Rome statute; Complementarity; Cooperation; Internacional jurisdiction

This paper aims to study about the International Criminal Court (ICC), established by the Rome Statute. Since the beginning of the twentieth century, the international community felt the need to create a permanent and independent international body to fight atrocities such as committed during the First and the Second World War, and also to fight the human rights violations such as occurred in Yugoslavia and Rwanda. Therefore, this paper is divided into five chapters, starting with an overview of the topic, on which will be appointed historical surveys for the establishment of the International Criminal Court, as its characteristics, its structure and its functioning. The study of the enshrined principles and the acceptance of its jurisdiction will also be part of this study. Then there will be the analysis of the International Criminal Court jurisdiction, comprehensively approaching the offenses set forth in Article 5 of the Rome Statute, in addition to offenses against the Administration of Justice provided for in art. 70. In the third chapter we will examine how it is addressed the individual criminal liability concerning authorship, participation, instigation as well as what constitutes attempt and withdraw of a crime, despite of the requirements the exclusion of the criminal responsibility of individuals. Following the analysis of the individual criminal responsibility, in the fourth chapter we will continue the studies addressing controversial issues involving the delivery and extradition of national citizen, life imprisonment, crimes imprescriptibility, privileged forum, among others - issues that arise from seemingly conflicting predictions present in the Federal Constitution of 1988 and the Rome Statute. Finally, we will conclude this paper analysing issues related to effectiveness, approval, implementation, acceptance and obligation to implement decisions taken by the International Criminal Court in the States that joined and ratified the Rome Statute