O Instituto da entrega de nacionais ao Tribunal Penal Internacional à luz da Constituição Federal de 1988.

Abstract

This work aims to study the possibility of legal Surrender nationals for judgment in the International Criminal Tribunal of the Brazil, seen that to our Magna Carta prohibits the extradition of Brazilian nationals and naturalized. At first there will be a study on the creation of the International Criminal Court and its primary function of preventing the serious violations that plague Human Rights as well as judge the crimes of genocide, war crimes, crimes against humanity and aggression, through a historical analysis of the courts prior to the international Criminal Court (the Tribunals of Nuremberg and Rwanda and the ad hoc tribunals for former Yugoslavia and Rwanda) together and the importance of each. Later, will be reviewed the institutional aspects of the Rome Statute, as well as the jurisdiction conferred on the Court. Also discussed will be the approval of the Rome Statute by Brazil was valid and the hierarchy of treaties that deal with human rights to enter the legal parental rights, analyzing the possible conflicts between the Rome Statute and the Constitution of 1988. Although we will discuss the differences between Extradition and Delivery under the rules in force realizing that the delivery entered in Brazilian law without violating any constitutional precept.