Tribunal Penal Internacional e a Constituição Federal de 1988: um estudo sobre a existência de conflito entre o instituto da entrega de nacionais ao TPI e o texto constitucional

Abstract

After the events of World War II and the international upheaval they caused, countries felt the need to create exceptional courts for individuals to be held accountable for committing crimes of great magnitude and scope, but these courts suffered numerous criticisms. Because of these criticisms involving the courts of exception, the International Criminal Court (ICC), a permanent tribunal with international jurisdiction, has been created to try and punish individuals who commit the crimes considered to be the most serious of humanity. The objective of this work is to analyze the process of establishing the International Criminal Court and the apparently conflictual relationship between the surrender of nationals to the international court and the prohibition of the extradition of nationals provided for in the 1988 federal constitution. This article is a descriptive research, done through a bibliographic research, based in legal documents and scientific articles