A tipificação do crime de desaparecimento forçado de pessoas no direito brasileiro e os problemas decorrentes da intersecção entre Direito Penal e Direito Internacional dos Direitos Humanos

Abstract

This work aims to comprove the necessity and the legal legitimacy of the Brazilian legal system to create the international crime of enforced disappearance of persons, severe form of multiple and continuous violation of human rights. To comply this goal, the study was guided by a research of the various branches of the Jurisprudence that affect the understanding of the subject, particularly the Criminal Law, International Criminal Law, International Human Rights Law, the Constitutional Law and the History of the Criminal Law. As this is a subject located in the epistemological field of International Criminal Law, it is in this context that the Criminal Law must be interpreted, especially by the several influences arising from the International Human Rights Law, which complement the legal protection of human being in the national context. To answer affirmatively the problem of internal criminalization of the enforced disappearance of persons, however, We had concern to filter out of these influences by the own political and dogmatic foundations that the Brazilian criminal law impose as a condition of validity and legitimacy for to production incriminating standards