Imunidade de jurisdição penal dos agentes diplomáticos

Abstract

This dissertation aims at the criminal jurisdiction of the diplomatic corps and ultimately seeks to establish, in comparative law and in Brazil, the reflexion on the matter. To this effect, the concept of sovereignity is first explored in addition to those of jurisdiction and competence. The Immunity to State Jurisdiction is examined as well as the diplomatic and consular privileges and the possibility of renunciation, which must not only pertain to jurisdiction, but also to execution. The issue of the Foreign State and the local jurisdiction is the analysed with special focus on Brazilian Law and the Theories of Absolute and Relative Immunity. A historic overview of the background of diplomatica privileges and immunity, based upon the religious character, the moors throughout the times, culminating in their incorporation into international conventions and internal legislation of various countries. The immunity of criminal jurisdiction of the diplomatic corps is discussed , based upon a comparatist perspective with a view to then discussing the Brazilian doctrine and jurisprudence, whereby proposing a critique of the system and diplomatic excesses. There follows a discussion of the immunity and privileges of the International Criminal Court.This is, therefore, a study destined to analyse, in particular, the two conventions signed in Vienna one on diplomatic relations, dating from 1961 and the other, on consular relations from 1963.The perspective of the renegotiation of the two conventions is not abandoned, given the complexities imposed by the contemporary world and the post-modernity