Novas crises: a pandemia de COVID-19 no Brasil e competência material do Tribunal Penal Internacional para o reconhecimento de novos atos desumanos

Abstract

This dissertation is based on literature review, content analysis and the hermeneutic-phenomenological method. Its general objective is to investigate whether part of the political decisions made by Bolsonaro in the context of the COVID-19 pandemic in Brazil can be considered for the purpose of crime against humanity before the International Criminal Court (ICC). On this account, this research is divided into two main parts. The first investigates the relationship between the concept of old crises and the establishment of international criminal jurisdiction. Old crises are understood to be phenomena arising from the exercise of reason by individuals organized into nations, races or classes against the exercise of sovereign power or in order to operationalize sovereignty in favor of their own reasons. Therefore, events such as the so-called crimes against peace, genocide and crimes against humanity would be manifestations of this tensioning or operationalization. The ICC emerges in the face of the repeated historical need to overcome these impasses and also under the sign of distrust of the use of international law as a variable of convenience in diplomatic relations. In the second part, an effort is made to investigate the history that allows us to associate the birth of biopower and neoliberal competition as causes of new categories of crises. Bolsonaro's government, in relation to the policies adopted in Brazil during the pandemic context, has characteristics that are typical of this context of neoliberal governmentality. Despite the elements of novelty, it is possible, at the end of the second part, to identify the compatibility of the requirements related to the material competence of the ICC with the policies adopted by Bolsonaro based on the contextual elements, actus reus and mens rea demanded by art. 7 (1) (k) of the Rome Statute.