Federalização dos crimes contra os direitos humanos: garantia ao cumprimento de obrigações decorrentes de tratados internacionais

Abstract

The present work has as study object the federalization of crimes against human rights and judicial implementation of international human rights treaties to which the Federative Republic of Brazil is a signatory. To this end, it has as main objective to analyze the competence shift incident as a preventive institute of international accountability, focusing on the effective state response against impunity and the achievement of social justice of the decision rendered by the Judiciary. Analyzed the incident Competence Shift a protective human rights instrument from the case Manoel Mattos and the effects of judicial precedents and jurisprudence of the Inter-American Court of Human Rights in order to contribute to the importance of preventing international accountability which governs the Brazilian State. The duty to investigate and prosecute criminals agents in cases of serious violations of human rights arises from the conduct of obligation assumed by the State in the International Covenants on Human Rights. The State willful failure to not punish those responsible, constitutes a real affront to human rights, subject to international condemnation. To evade the International Responsibility for the inertia of the Brazilian states, the EC No. 45/2004 authorized the federalization of crimes against human rights in the cases of Article 109, Paragraph 5 of CF / 88, thus allowing the Superior Court Justice shift the responsibility of the police investigations or ongoing claims in state court to federal court, by application of the Attorney General. Within the Competence Shift incidents judged by the Supreme Court, there was considerable speed in the progress of cases, however, the little amount of proposed incidents is not yet able, by itself, to reflect on the effectiveness of this procedural instrument. It used inductive method of approach therefore departed from the case Manoel Mattos, seeking to discuss the federalization as a preventive mechanism of international accountability. The prime research technique was the literature, with the analysis of laws, judicial decisions of international nature, especially the jurisprudence of the Inter-American Court of Human Rights and specialized doctrine.