A avaliação do sentimento de justiça dos sobreviventes

• Autor(a) principal: Carapêto, Maria João Dias
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/19039
• topic: Justiça de transição; Vítimas; Sobreviventes; Responsabilização; Direitos human; Justiça Penal Internacional; Tribunais Internacionais; Sentimento de Justiça; Uganda; República Democrática do Congo; Camboja; Ruanda; Serra Leoa; Transitional Justice; Victims; Survivors; Accountability; Human Rights; International criminal Justice; International Tribunals; Perceptions of Justice; Uganda; Democratic Republic of Congo; Cambodia; Rwanda; Sierra Leoa; Direito

The present research is the result of the need of evaluation of perceptions of justice of crimes against humanity survivors, in places were accountability was achieved through international tribunals. The opinion of the survivors is a way to achieve conclusions regarding main aspects about the decision on the need of accountability, especially in what concerns the mechanism that should be used. The effectiveness of any mechanism, taking in account the needs of the population will have positive effects, such as reconciliation, peace, the achievement of social rights, truth, emotional healing (both individual and of the community). The method of the investigation is the analysis of empirical datasets that were obtained in regions were international trials took place, such as Sierra Leone and Cambodia (hybrid courts), Rwanda (ad hoc tribunal), Congo and Uganda (International Criminal Court). The data was select by applying and conceptual model that gather the most relevant data (although the data was insufficient) regarding the need of evaluation the perceptions of justice, such as exposure to violence, individual priorities, the need of accountability and the perceptions about the international tribunals. The results reveal the high level of exposure to violence, that socioeconomic priorities are more important than justice, the need of accountability of perpetrators trough criminal procedures, but also a positive awareness of the work of the tribunals regarding effectiveness, justice values and equity. The conclusion demonstrates the need of a holistic approach and complementarity between mechanisms that could respond do victim’s needs (concerning both retributive and restorative justice). There is a general acceptance of international justice, but the lack of legitimacy can affect the results, that can be conditioned by externalization of the tribunals and insufficient knowledge. The social and economic context is an issue that affects the acceptance of the tribunals, but the construction of a legacy and the correct management of victim’s expectations can create guarantees of non-repetition. The accomplishment of transitional justice purposes, such as truth, justice and guarantees of non-repetition have a great role regarding reconciliation, emotional and social healing, but also the creation of social rights and the implementation of democratic processes.