A voz da vítima no processo internacional: uma análise jurídico normativa do tribunal penal internacional

Abstract

The proposal of an International Criminal Court with permanent jurisdiction in response to the yearning for the end of the culture of irresponsibility and penalization of the core crimes results from a vigorous action of the international community, having won breath at a later time the two Great Wars, reverberating in the insurgency for a new paradigma advisor of International Criminal Law. In fact, based on the premise that the humanization of this branch would have made it possible to consolidate a historical conscience that is attentive to the real needs of the victims of war crimes and serious violations of Human Rights, the present work is developed with the aim of understanding from the historical, normative and juridical perspective as said Court would receive the category of the victim, considering the impact of the current discussions focused on the vitimology. It begins with a presentation of the historical context that precedes the discussion, punctuating the attempts to implement international Courts throughout history, and then to present aspects related to the structure and functioning of the International Criminal Court (ICC) , with a sequence in the approach of the victim as epistemological category in the domestic and international criminal process, evidencing its treatment by the Rome Statute (ER) and its location in the experiences offered by the Extraordinary Chambers in the Courts of Cambodia (ECCC), culminating, finally, with the study of the case The Prosecutor v. Thomas Lubanga Dyilo, with the objective of analyzing the treatment conferred by the court on the subjects victimized in the investigation, trial and appeal phases, through the application of the inductive method and the conduction of qualitative research, having been verified that the arrangements for participation suffers certain limitations when applied casuistically by the Court reflecting, also, in the mitigation of access to justice.