The Brazilian Draft Law Criminalizing Enforced Disappearance in Light of the Rome Statute Provisions and Its Impact on the Transitional Justice in Brazil

Portella Jr, José Carlos; Loureiro, Maria Fernanda

The Brazilian Draft Law Criminalizing Enforced Disappearance in Light of the Rome Statute Provisions and Its Impact on the Transitional Justice in Brazil

Document Type : Extension Article

Authors

José Carlos Portella Jr ¹ ^¶

Maria Fernanda Loureiro ² ^¶

¹ Coordinator for the research group on International Criminal Law of Centro Universitário Curitiba (UNICURITIBA), in Brazil.

² Member of the research group on International Criminal Law of Centro Universitário Curitiba (UNICURITIBA), in Brazil

Abstract

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.

Keywords

Crime of enforced disappearance

New Brazilian Criminal Code

Rome Statute

Transitional justice

Subjects