Daniela S F de Barcellos
Professor of Federal University of Rio de Janeiro, at the National Faculty of Law. Graduated in Law at Universidade Federal do Rio Grande do Sul (1998), Masters in Civil Law at Universidade Federal do Rio Grande do Sul (2004) and doctorate in Politics at Universidade Federal do Rio Grande do Sul (2011), with a stage at Ecole Normale Supérieure de Paris (2007-2008).
Phone: +55 21 983025005
Phone: +55 21 983025005
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against the public order policy and national security. In these cases, the political nature of the offense served to justify the loss of rights and guarantees, such as the prohibition of habeas corpus, the trial of civilians by military personnel and the aggravation of penalties. On the
other, the characterization of a crime as a political may prevent the extradition of foreigners by granting them the possibility of obtaining asylum in the country, which hinders the criminal persecution action from the other State. Hence, this paper aims to demonstrate this
duplicity of treatment of political offenses in Brazilian law, as well as the criteria used for this categorization. The methodology consists of a historical analysis of the aforementioned concept and presents the current state of the art as to its uses in Brazil. In order to achieve our
purposes, we have employed as sources the national and international norms that display the category political offense and their empiric interpretation in the rulings of the Brazilian Supreme Court, since the Vargas Era until today.
against the public order policy and national security. In these cases, the political nature of the offense served to justify the loss of rights and guarantees, such as the prohibition of habeas corpus, the trial of civilians by military personnel and the aggravation of penalties. On the
other, the characterization of a crime as a political may prevent the extradition of foreigners by granting them the possibility of obtaining asylum in the country, which hinders the criminal persecution action from the other State. Hence, this paper aims to demonstrate this
duplicity of treatment of political offenses in Brazilian law, as well as the criteria used for this categorization. The methodology consists of a historical analysis of the aforementioned concept and presents the current state of the art as to its uses in Brazil. In order to achieve our
purposes, we have employed as sources the national and international norms that display the category political offense and their empiric interpretation in the rulings of the Brazilian Supreme Court, since the Vargas Era until today.