Uma proposta de criação da Corte Penal do Mercosul para julgamento de crimes transnacionais praticados por organizações criminosas.

• Autor(a) principal: Silva, Ronaldo Alves Marinho da
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23140
• topic: corte penal transnacional; Mercosul; crimes transnacionais; organização criminosa; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::TEORIA DO DIREITO

his work will present an international permanent Courts or Courts in force, with the definition of its competencies and an analysis of its structure, indicating the need to build new instances to face macro-crime, represented by transnational criminal organizations, which is a concern that affects democracy, the social and economic development of nations, the quality of life and the financial equilibrium of national states. The process of globalization was intensified by the development of new technologies, the internet, the reduction of transport and communication costs that integrated people, overturned geographic barriers, brought cultures closer together and spread knowledge, but also produced negative effects. These include the deepening of connections between criminal groups, which previously acted territorially, and now act in a transnational connection, making it difficult to investigate and criminalize criminal liability because of the obstacles created by differences between legal systems. In this sense, we propose the creation of the Mercosur Criminal Court (COPEM), re-signifying the concept of sovereignty in order to effectively ddress macro-crime, based on solidarity among States, respect for internationally recognized fundamental human rights and the internationalization of the instances of confrontation, since this public problem is multifaceted, globalized and inter-relational. In this context, the study of the expansion and multiplicity of international tribunals leads us to understand this phenomenon that has consolidated through permanent instances of inter-state conflict resolution and reduction of international crime impunity, with the objective of consolidating the rule of law in the local spheres, regional and international. To understand the phenomenon, three issues will be discussed in parallel. The first: Is compulsory international jurisdiction the way to protect human rights, victims and the end of impunity for international crimes? The second: Is it possible to speak of the coexistence of multiple international tribunals as a necessary step towards consolidating Community law? The third: Is it necessary to establish transnational criminal courts or tribunals to hold perpetrators of cross-border crimes accountable? We believe that the constitution of a supranational criminal court can contribute to address the issue of organized crime transnational, consolidating a policy of prevention, protection of victims and witnesses and criminal accountability of its perpetrators.