Tribunal penal internacional e extradição: aspectos constitucionais

Abstract

Created with the main to punish the authors of the most atrocious crimes against the humanity, the jurisdiction of International the Criminal Court (TPI), hosted in Haia, it has formal accepted for the Brazilian legal system through the Constitutional Amendment number 45, that 5o of the Federal Constitution of 1988 added § 4º to the article. The spite of that it objectified the TPI, some questions controversies had been excited from the entrance of the related device in our legal system, the example of the commitment assumed for Brazil in delivering its national ones, by means of the jurisdictional acceptance of the TPI, face to the express prohibition, contained in the proper constitutional text (art. 5º, LI, CF/88), of the extradition of born Brazilians. One of the attempts to revert this picture of clear incompatibility was adopted by the statute of the TPI, the Statute of Rome, when it established, in its article 102, difference enters the obligation of the delivery of national of the institute of the extradition, what it does not proceed for the best doctrine, in virtue of the extradition to imply, necessarily, in delivery, evidencing, thus, the confrontation enters made use in the CF/88 and the alleged one for the Statute of Rome.