A desconsideração da personalidade do Estado pelo Tribunal Penal Internacional

Bibliographic Data

ID5812927
AuthorsJoão Irineu De Resende Miranda (0000-0003-1838-6610, corresponding author)
Year2009
Publication date2009-04-25
Peer ReviewedYes
Open AccessYes
TypeTHESIS
PublisherUniversidade de São Paulo. Agência de Bibliotecas e Coleções Digitais (PUBLISHER)
DOI10.11606/t.2.2009.tde-24112009-132319
OpenAlexW1601127060
LanguagePT
References cited12

This work has for objective to consider the adoption of the institute of the disregard of the legal entity for the International Criminal Court as form to increase the effectiveness of its cooperation requirements to the States.For this, the humanitarian interventions and the creation of international the criminal courts of Rwanda and of Former-Yugoslavia had been analyzed.This analysis concluded that the effectiveness lack has been the biggest problem faced for the actions directed to the international protection of the human rights.Under this aspect was studied the creation of the International Criminal Court, its structure, its norms of cooperation and pointed the lack of an institute that guaranties the effectiveness of its legal acts when these they depend on the cooperation with States.Through the study of the disregarding of the legal entity its compatibility with the International Law was perceived, in relation to the States under performance of the complementary jurisdiction of the Court.Being thus, its adoption is defended as a countermeasure taken in the context of the responsibility of a State before the International Criminal Court for an act of noncooperation, when this will be characterized by fraud or abuse of power.Thus, it is affirmed possibility and the convenience of the adoption of the institute of the disregarding of legal entity as an instrument that guaranties a bigger effectiveness of the Court in the exercise of its functions

Criminal court · Human rights · International humanitarian law · International law · Jurisdiction · Political science · Tribunal · Global Peace and Security Dynamics · International Arbitration and Investment Law · International Law and Human Rights · Law

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