A Política Externa do Brasil para os Direitos Humanos (1995 - 2003): um estudo sobre a criação do Tribunal Penal Internacional

Abstract

In 1998, the Rome Statute was established, which gave rise to the current International Criminal Court (ICC). During the Plenipotentiary Conference that established the aforementioned instrument, Brazil positioned itself alongside the so-called like minded group, which was in favor of an permanent and independent international instrument of justice. During this same period, Fernando Henrique Cardoso's Foreign Policy adopted a doctrine of “ autonomy through integration, which gave importance to international organizations as mechanisms that could contribute to Brazilian autonomy in the International System. Amidst shifting foreign policy and internal human rights initiatives, such as the creation of the first National Human Rights Programs and the inaugural editions of the National Conference on Human Rights, this work examines the development of Brazil's stance on an international criminal justice mechanism and its articulation during the Permanent International Criminal Court negotiations.To this end, the article presents as the first and second topic what were the general guidelines for FHC's Foreign Policy and Human Rights in specific. It then discusses the elements that influenced the construction of the Brazilian position for the creation of the International Criminal Court and how the process of negotiating the Rome Statute took place. Finally, it concludes that there were several elements that contributed to the Brazilian position towards the ICC, including the Brazilian diplomatic history, the guiding principle of the PEB of the period, and collective participation in national forums.