Tribunal Penal Internacional e o Brasil: comparações sob a ótica do modelo normativo de direito da teoria garantista de Luigi Ferrajoli

Abstract

The present monograph has the intention of to analyze the structure of the International Criminal Court under the vision of the Guarantees Theory of Luigi Ferrajoli, in comparison with brazilian penal structure. Therefore, it will use the deductive approach method and the comparative-tipologic proceeding method. This one will be done through a first approach about the structure and creation of the Court, and its incorporation to the brazilian and international law, then heading on the second chapter to the explanation of the guarantist theory, to explain the parameters of the comparison. On the third and last chapter, it will be made a comparison with the brazilian jurisdiction structure, making some notes about the more critical points. The approach will be done with the intention of deduce on the last chapter starting by the introduced on the two first chapters. With this, it will be tried to define a better approximation/distance of the idealized model. The search technique will be bibliographic, and will have base in the Federal Brazilian Constitution and its ordinary legislation, as well as the Rome Statute e its respective Court Regulation. The comparison of the structures will be done exclusively about the normative basis because the analysis will be restricted to the law normative model, on account of the necessity of a thematic incision. Because of this, the work will be dedicated only to the elements of the Procedural Criminal Law, without attack the material law. The importance of the present approach is because of the recent inauguration of an international penal jurisdiction scenery that includes multifaceted models of penal persecution. In function thereof is the complexity of the review, it tries to understand the effectiveness of this sui generis institution on the pursuit of the penal responsibility in international level, and by the legitimate form, not offending the indicted guarantees, and to compare it to the brazilian structure .