A tortura como crime próprio
AUTOR(ES)
Eduardo Arantes Burihan
DATA DE PUBLICAÇÃO
2007
RESUMO
In Ancient Times, torture was used as a corporal punishment and a means to obtain the truth. In Middle Ages, the Catholic Church, acting through Holly Office of Inquisition Courts, used torture in order to obtain the confession of the accused. In Modern Era, torture was still used as a means of proofs and as punishment. In Contemporaneous Times, mainly after the World War II, due to the atrocity perpetrated at that time, the internalization of human rights become a rigor measure. Then, the prohibition of torture was gradually announced through several international instruments that protect human rights. In Brazilian Colonial Period, torture was widely used as a means of proof. Even though torture was abolished, during Brazilian Imperial Period, it continued as a contumacious practice, mainly among the slaves. During Brazilian Republican Period, using the argument of protecting the society against communist threatening, the so called Vargas Era was responsable for serious violations of individual citizen rights, that were showed in torture acts. In spite of Brazilian constitutional prohibition, the Law 9,455 got into effect only at 1997. This law considered this kind of behavior as a crime. The referred legislation, in disagreement with what International Conventions prescribe about the matter, characterizes torture as a common crime. Consequently, any person can be the active author of the crime of torture. Torture had always the participation of the State. It is impossible to give to the word torture a vulgar sense, making possible to the legislator consider that any person could perpetrate this kind of crime. The analysis of torture under this viewpoint is an attitude that makes relative the meaning of this word. It is only by restricting the concept of torture, and charging the State that abuses of it function power, that it is possible to maintain the original function of the international documents signed by Brazil. In this way, the torture penal type must be reformed in order to allow that only the public official, or other person acting in an official capacity, could be the active author of this type of crime
ASSUNTO(S)
tratados direito penal tortura -- leis e legislacao -- brasil tortura torture international convencions tortura convenções internacionais brasil [lei n. 9.455, de 7 de abril de 1997]
