Abstract

PINTO FERREIRA JUNIOR, José Carlos Macedo de. THE BRAZIL'S RESPONSIBILITY FOR AGAINST HUMAN'S CRIME: JUDGMENTS ANALYZE "GOMES LUND" AND OTHERS. Prolegómenos [online]. 2013, vol.16, n.32, pp.69-85. ISSN 0121-182X.  https://doi.org/10.18359/dere.755.

This research aims to analyze the trial of the case known as "Araguaia Guerrilla" and the responsibility of the Brazilian state. Internationally Brazil was convicted of gross violations of human rights by requiring compliance with the ruling by the Inter-American Court of Human Rights (IACHR) and the punishment of the guilty. The case becomes relevant in the global legal scenario, since the body of the dome of the Brazilian judiciary, the Supreme Court found constitutional a law that pardoned all the accused of that guerrilla and arise thus, a conflict between the international court and Brazilian jurisdiction. To develop this work literature search was performed based on country and international law and the decisions of the Supreme Court and the Inter-American Court of Human Rights. The method was applied deductive. With this study, it was found out that no one punished by cruel crimes against human dignity so far. Brazil is a signatory to various treaties and transnational agreements that seek effective protection of human rights. The self-amnesty for torturers and murderers will bring enormous prestige and probably a new accountability in the international arena.

Keywords : Human Rights; International Jurisdiction; Torture; Trial; Conviction; Responsibility of the Brazilian State; Araguaia Guerrilla.

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