Tribunal penal internacional e o princípio da complementaridade.

Abstract

The first penal tribunals to the they implement a jurisdiction of character supranacional - as the Tribunal of Nuremberg, of Tokyo and the Tribunals ad hoc for to former-Yugoslavia and for Rwanda - they just acted in a limited way, in reason of the space and of the time. Thus, in face of the repression needs to the humanitarian crimes, more and more frequent at the present time, it is that, in the year of 1998, it was formalized the Statute of Rome that created the International Penal Tribunal with wide and permanent jurisdiction, whose activation only happened in 2002. According to its dispositions, the citizens born in the countries signatories to the Statute can just suffer the penal persecucao, as well as individuals of States that didn't accept the jurisdiction of this Court, but that made crime in the territory of a State-part. The main proposal of this research is to approach as, for the incidence of the beginning of the complementarity, Brazilian born they can be 1 entregues' and judged by the referred Tribunal, and also if these can answer to the feather of perpetual character. For the development of this objectify, occupation made himself the study of doctrines and pertinent goods to the theme, being used of the classic methods of interpretation of the norm, as the literal, systematic and historical, as well as the exegetico-juridical and deductive. To have an appropriate abordagem on the International Penal Tribunal it was necessary a historical rising, under the aspects of the evolution of competent international institutes to solve divergences among people of different nationalities. The whole structure and the procedures happened in TPI was illuminated properly also, so that a better understanding of the judging Entity is had in subject. The great celeuma gave him with relationship to the norms of the Letter Brazilian Magna and some norms of the Statute of Rome, that governs TPI. It is exactly there where it happens the larger conflict of the present work, with the possibility of Brazil, sovereign country, to ratify in its integralidade the Statute of Rome, that contains in its goods 77 (adoption of perpetual prison) and 89 (extradition) clauses properly combatted by the Constitution. Clearly the human rights are hurt, even if, the possibilities of above-mentioned sanctions only happen in crimes of serious nature. However, the international Human Rights should prevail in face of the those criminals' Direitos Humanos, for being of it tutors to goods juridical importantissimos. Starting from this understanding, it was ended that, by virtue of the protected goods, it cannot the sovereignty concept to be obstacle for the subjection to the competence of TPI, as well as having determined for the own Statute of Rome.