pesquisa
Palavras-chave: Tribunal Penal Internacional; Estatuto de Roma; direitos humanos; Direito Penal internacional; Constituição Federal; prisão perpétua; pena perpétua; pena – individualização, principio da humanização e claúsula pétrea.
Abstract: It discourses about the prohibition of life imprisonment, comparing the form as such prohibition is proceeded between several Latin-American countries and in Brazil. It points out that the constitutional prohibition of the life punishment and the individualization of the punishments are rules traditionally established in the Brazilian Law, as corollary of Brazilian Constitutional Law Humanitarian orientation. It concludes that the obstacles to the ratification are insuperable, concerning to Brazil, the Rome Statute of the International Criminal Court, once the same, not admitting ratification with reservations, it foresees the perpetual reclusion and it doesn't still distinguish the punishment for each one of the penal types foreseen in itself, two dispositives that, in the author’s understanding, they cannot be altered by constitutional amend, but only with the repeal of the current