CRIMES AGAINST HUMANITY: ANALYSIS OF THEIR APPLICATION IN THE BRAZILIAN LEGAL SYSTEM

Abstract

Crimes against humanity, defined in Article 7 of the Rome Statute, include very serious acts such as murder, enslavement, torture, persecution, and others committed against a civilian population. Although Brazil has been a signatory to the Statute since 2002, these crimes lack a separate definition within the country, creating a regulatory gap and hindering adequate criminal accountability. This lack of regulation raises important questions about the effectiveness of the Brazilian penal system in addressing conduct that, although internationally recognized, lacks a precise definition domestically. Furthermore, the country adheres to the principle of legality, meaning that only what is specifically defined in the law can be punished, limiting the direct application of international laws without proper legislative incorporation. A critical analysis of this gap in Brazilian law reveals the need for adjustments that reinforce the guarantee of human rights protection and the effectiveness of criminal accountability in extremely serious cases.