PERSECUÇÃO PENAL NOVAS PERSPECTIVAS EM FACE DO TRIBUNAL PENAL INTERNACIONAL E AS IMPLICAÇÕES NO DIREITO PROCESSUAL BRASILEIRO. EXTRADIÇÃO (NACIONAL X ESTRANGEIRO). COOPERAÇÃO INTERNACIONAL ENTRE AS NAÇÕES.

Abstract

The Brazilian Federal Constitution foresees in the article 5º the prohibition of the delivery and extradition of born Brazilians. As well as of the national elementary schools, however, is verified in the Statute of Rome of International the Criminal Court, of which Brazil is signatory, is evidenced that its adhesion and promulgation had occurred without exceptions to the Statute, a time that the same does not admit reserves, safe in the crimes foreseen in the alluded Statute when practised in war time. Where it weighs the Court to understand that the extradition and delivers has meant diverse, in the reality the two expressions are similar, fulfilling the same purpose, therefore, being contrary the forecast contained in the Federal Constitution of 1998, that it forbids to the extradition or delivery of born Brazilians.