Responsabilidade penal do estado

Abstract

The subject of the present thesis is international state responsibility, especially the Draft Articles on Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission in 1996 and 2001. The study of international responsibility is extremely important because it reflects the very progressive development of international law. The notion of international crimes committed by states is currently one of the most discussed questions, mainly because, in the present normative system, only individuals are punished for perpetrating international crimes. However, what we see is that states also commit serious violations of international norms, which can and should be considered international crimes entailing criminal state responsibility. Aiming to prove this criminal state responsibility, we begin this analysis with a historical approach of the evolution of this legal institution of international law, especially the work developed by the International Law Commission, organ responsible for the codification of this matter. It will be demonstrated the decisive role played by doctrine and jurisprudence in the development of this legal regime, both sources spearheading the gradual codification process of the norms. In order to ultimately assert the international crimes, we dedicate one chapter to the study of the gravest crimes, which violate those international norms that, once broken, deserve punishment. The idea of criminal state responsibility treaded a long path and now its nature is incontestable