Direito Penal Internacional como garantia dos Direitos Humanos

Abstract

The phenomenon of law internationalization, specially criminal law, is increasingly consolidating, in spite of the established classical paradigm that practically turned into an epistemological obstacle to the idea that it was possible a universal criminal law. This trend of criminal law internationalization arises from a polarized dynamic, that is, one hand, fueled by systematic human rights violations and also fostered by the dream of an instrument with international legitimacy to punish and prosecute the most serious crimes against humanity. However, contrary to what one might imagine, this ideal of international protection of Human Rights is not new and only with the overcoming of the classical conception of sovereignty is that the set of conditions consistent with international law is complete. In this context, it arises the need for rapprochement between Human Rights and Criminal Law, since these sciences have always been considered incompatible. This approach was made through the International Criminal Court as its implementation with Rome Statute, as a tool for repression of the most serious human rights violations, represents hope of guarantee to the most intimate rights to the human family.