Aspectos do genocídio no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

Giving the actual importance of the genocide crime, there is a need for understand better this crime in Brazil, that is the objective of this work. Facing the uncertainties and ambiguities of the word "genocide", there was a need for a historical incursion on its beginning and evolution, looking for its origins. We looked forward to delimiting the genocide concept and to discover its current meanings, due to the multiple concerned aspects and doctrinal divergences, beside the unknown possibilities of its occurrence, in an isolated way and in relation with other crimes. There is an extensive panorama of advances and retrocessions from the morphologic genesis of the crime to the international mechanisms that search the guardianship of the most essential human rights. Delineated in the scene of the nazist persecution, the genocide, as denomination of a behavior that have been always present, since the begining of the civilization, in the hum~n societies, added a strong emotional content and was distinguished among the crimes against the Humanity. Brazil, signatory of the Convention on the Prevention and the Repression to the Genocide Crime, of 1948,and of the Statute of International Criminal Court, of 1998, has domestic laws concerning this crime. Difficulties had appeared in the, search of consistency among these texts, also facing the Federal Constitution. Among the results, we noticed that, in the current times, there are three forms of regulation related to the genocide, in Brazil: Law n. 2.889/56 (Law of the Genocide), Decree-Law n. 1.001/69 (Criminal Military Code) and the Statute of Rome. The typical elements of the diverse modalities of genocide have been analyzed

ASSUNTO(S)

direitos humanos genocidio direito penal crimes internacionais

ACESSO AO ARTIGO

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