OS LIMITES DA JURISDIÇÃO PENAL BRASILEIRA E O PRINCÍPIO CONSTITUCIONAL DA INTANGIBILIDADE DA COISA JULGADA FACE AOS DESAFIOS DA PRÁTICA DO TRIBUNAL PENAL INTERNACIONAL

Abstract

It is well known that the relationship between international law and the national states legal systems is permeated by the constant tension between both sides forces, a phenomenon that is manifested in the history of advances and setbacks in international level normative experiences. Therefore, the present investigation was based on a bibliographical and documentary review, aiming to analyze the role of the International Criminal Court jurisdiction facing the principle of res judicata in the Brazilian legal system. Thus, the bases of International Criminal Law were revisited, with special emphasis on the constitutive movement of the Rome Statute and the implementation of the ICC. Next, it was comprehended the relationship between the Brazilian legal system and the jurisdiction of the ICC in the perspective of res judicata. In turn, the role of res judicata within the International Criminal Court framework was verified. Finally, remains to consider the complex movement of articulation at the international level for the Rome Statute development and, consequently, the creation of the ICC. To the same extent, the principle of subsidiarity in the ICC’s jurisdiction is a point of inflection between a statocentric and an internationalist perspective, a direct manifestation of the complex concertation at the international level. In addition, the challenges imposed on the Court and its apparent risks are evidenced.