In Bello, Pax: a responsabilidade penal dos brasileiros em Operações de Paz

Abstract

This dissertation examines the possibility of criminal liability of Brazilians who have participated in peacekeeping operations captained or delegated by the United Nations. Besides showing how to carry this responsibility in the national environment, also explores the possibility of their accountability before the international law developments that have observed since the end of the period known as the Cold War. Therefore, it starts from an historical evolution and modification of peacekeeping operations, showing how Brazil has also modified its insertion on this issue, especially after 1990. Arising from the increased responsibilities and relevant numerical Brazilians engaged in these operations presents how the reasoned legal fundaments and doctrinal rules also experienced significant changes in recent decades. From this point on, using descriptive analytical methodology, presents the acceptable legal qualifications, analysis of key international documents that address the criminal liability of the members of peacekeeping operations and how the relationship between these documents and the Brazilian legal system is. It examines how it is carried in the internal environment, the jurisdiction and competence for trial of these issues. Shows how international law has been influenced by the growth of international criminal law and how it can manifest itself in front of members of peacekeeping operations, making even an approach of how other international courts have spoken out on the issue. Part of decisions of law of other countries, shows the contribution that the Ad Hoc Courts established by the UN, brought to culmination in examining the possibility (or not) of these members accountable by the International Criminal Court or even by making use of third States Universal Jurisdiction. Thus, the thesis demonstrates that Brazil has effectively means to exercise its full jurisdiction before their nationals involved in these international operations, however, to ensure greater densification of legality and legal support, suggests possible solutions as a contribution to resolve any internal and international legal questions.