Banca de QUALIFICAÇÃO: FRANCISCO CAMARGO ALVES LOPES FILHO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : FRANCISCO CAMARGO ALVES LOPES FILHO
DATE: 02/08/2021
TIME: 09:00
LOCAL: Plataforma Google Meet
TITLE:

Transconstitutionalism between international criminal law and state law: contributions to the resolution of constitutional problems in the relationship between the Rome Statute and the Federal Constitution

KEY WORDS:

Transconstitutionalism. Transversal rationality. Heterarchy. Rome Statute. Brazilian Constitution.

PAGES: 155
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The phenomenon of relations between the legal systems has been object of study among researchers more intensely since the last century, initially with the theories of dualism and monism, by Heinrich Triepel and Hans Kelsen, respectively. Since then, and specifically from the last decade of the previous millennium, new perspectives have emerged, motivated by the quantitative and qualitative expansion of international law, now based on a heterarchical paradigm, among which transconstitutionalism, proposed by Marcelo Neves, stands out. Among the various possibilities of its application, there is the relationship between international criminal law, notably from the Rome Statute of the International Criminal Court, and Brazilian law, around, among others, the following constitutional problems: the application of the sentence of life imprisonment, considering its prediction in the Rome Statute and its prohibition in the Federal Constitution; the delivery of a national citizen for trial before the international court, in view of the prohibition of extradition provided in the constitutional text; the imprescriptibility of international crimes in the face of the interpretation made by the Federal Supreme Court regarding the reserve of ordinary law. In this sense, it is intended to investigate the capacity of transconstitutionalism to offer resolutions to such problems, as well as probable answers. For this purpose, classical theories of the relationship between international law and state law and their limitations will be analyzed; the transconstitutionalism and, in particular, its proposal of transversal rationality for the intertwining between the international and state legal systems; international criminal law and the order built around the Rome Statute, which instituted the ICC, notably its foundations, objectives and governing principles; and, finally, the incorporation of that treaty to the internal system and its legislative and jurisprudential consequences. Throughout the work, a bibliographical and documentary research was carried out, involving, notably, the texts of the lectures by Heinrich Triepel and Hans Kelsen given at the The Hague Academy of International Law (dualism and monism) and by Marcelo Neves (transconstitutionalism). Thus, it is expected to contribute to the construction, initiated by Marcelo Neves, of the methodology of transconstitutionalism, as well as, indirectly, to the development of heterarchical theories in general and studies between.

BANKING MEMBERS:
Interno - 2222637 - ARTUR CORTEZ BONIFACIO
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA