In the recent History, Brazilian society witnessed the perpetration of the crime of enforced disappearance as part of a systematic attack directed against political opponents. During the 1970´s, in furtherance of the military government policy of National Security, State officials were ordered to commit such crime. After re-democratization in 1988, Brazil has signed various human rights treaties, such as the International Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute. However, there is still no provision related to this crime in the Brazilian law and no person was ever held responsible for those acts. The article aims to analyze the draft of the Brazilian New Criminal Code, bringing International Criminal Law and the needs of the transitional justice into its perspective. Concerning the crime of enforced disappearance, the Brazilian law is not yet properly adapted to International Criminal Law, but it can be, mostly whereby the promulgation of the new Code, which may have a positive impact on the transitional justice. The research emphasizes the bibliographic method, based on materials available in both print and electronic media.