Crime político: uma análise sob o paradigma da anistia no Brasil

• Autor(a) principal: Barbosa, Renata da Silva Athayde
• Data de Publicação: 2019
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/17551
• topic: Political crime; Amnesty; Transitional Justice; Crime político; Anistia; Justiça de transição; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL

The institute of political crime is mentioned in Brazilian law and many others, leaving, however, more uncertainty than clarity, and providing numerous discussions about its content and even usefulness in times of conflict. The aim of this work is to provide a contemporary analysis of the political crime institute in amnesty in the Brazilian context. Thus, the chosen methodology is the theoretical, legal and jurisprudential documentary research, complemented with the analysis of the Brazilian case, focusing on the law 6.683 /1979 - the amnesty law. Globally, whether in extradition, amnesty, recidivism, political crime is born as an institute aimed at protecting the individual from biased state criminal prosecution due to political divergence. Such logic does not resist, however, the emergence of terrorism and international crimes that have in their political element and special gravity causes of aggravation of the individual's situation towards criminal prosecution. Political crime is then analyzed according to elements of international and national criminal law in order to provide a better understanding of its criminal nature, thus it is a matter of legal interest, active and passive subjects, material and mental elements of crime in each one of the applications of political crime. Leaving the global scope and approaching the Brazilian context, the thesis specifically asks in the amnesty context what would be the concept of political crime in the current legal system. To this end, it studies the case of Brazilian amnesty, contextualizing it in International Criminal Law, Domestic Criminal Law and Transitional Justice, in order to extract a concept which is consistent with the system in which it is inserted. Then, the applications of political crime in the Brazilian legal system are approached, starting from extradition and arriving at amnesty, since these are the common parallels drawn by legislation and the judges, as well as political crime in recidivism. The last chapter of the thesis deals with the concrete concept derived from the interpretations of ADPF n. 153 and also any impacts of ADPF n. He also considers the concept of political crime, as he analyzes it in the light of the two cases of the Inter-American Court of Human Rights in which Brazil was condemned, drawing a parallel between the relationship between political crime and crime against humanity. The result achieved is that there is dissonance between the concept of political crime offered by the 1979 amnesty law and the related normative framework, as well as cases associated to the topic in the Supreme Court, despite the ruling in the ADPF n. 153, and international human rights courts. Thus, the concept of political crime resulting from Law 6.683 of 1979 needs to be reconciled with a contemporary perspective of amnesty and political crime.