O princípio da jurisdição universal e sua conexão com o crime de tortura no Brasil

Abstract

This work wants to analyze the Principle of the Universal Jurisdiction and how it is stated in Brazil’s law of torture. For that, initially, it will speak about human rights: their characteristics, their generations and their mechanisms of protection, oncethese rights are the juridical subject of the principle of universal jurisdiction. In this sense, an analysis will be built to hold the thesis that there are rights inherent to the human person, regardless of their social, physical, rational or national condition, which must be respected by all countries, including and especially the State of origin. Secondly, this study will talk, with some depth,about the mainly function of this principle and the forms of your application (conditional and unconditional). The Universal jurisdiction is a way to concrete the protection of human rights, as it acts as a manner to combat international impunity, promoting the prosecution of crimes in any part of the world. The last chapter analyzes the statement of Article 2 of the Law 9.455/97 - Torture Act - which provides for the principle of universal jurisdiction by announcing that Brazil will have jurisdiction to try offenders who enter national territory and have practiced abroad, the crime of torture. Will be pointedthe positives and negatives of using this principle.The methodology used for this work was based primarily on literature, documentary and legislative.