O delito de genocídio

Abstract

The present work analyzes and confronts the genocide crime, typified in Brazil by the Law n. 2.889/56, inserting it into the list of crimes against humanity. It starts with an analysis concerning the concept of human rights and its internationalization and universalization, verified after the Second World War, especially with the establishment of the International Criminal Court, ratified by Brazil on June 12, 2002. The aim is to debate the criminalization orders and the Human Rights full protection, as well as the role of the Criminal Law in a Democratic and Social State under the rule of law. It is made a historical analysis of the genocide crime, its concept, the protected legal interest and a critical confrontation between the Law n. 2.889/56 itself and the foreign right of nations that keep connection with Brazil for historical or political reasons. After, the option taken is a detailed analysis with respect to the International Criminal Tribunals and the genocide, discussing the Nuremberg and Tokyo Court and the ad hoc Tribunals then to the former Yugoslavia and to Rwanda, to confront later the International Criminal Court, which is fruit of the Statute of Rome, and to talk about its formation, historical moment, difficulties faced in its creation, competence and composition. Finally, the Statute of Rome will be analyzed in light of the Federal Constitution of 1988, especially in what apparently generates a conflict with our Law, in particular the surrender of nationals to the International Criminal Court, the life sentence as a penalty foreseen, the imprescriptibility of their crimes, among them the genocide, and the immunities and the prerogative writs