Banca de DEFESA: Mamadu Seidi

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Mamadu Seidi
DATE: 28/03/2024
TIME: 14:30
LOCAL: TEAMS
TITLE:

MIXED COURTS AND THE SEARCH FOR CRIMINAL RESPONSIBILITY FOR THE CRIMES OF THE DICTATORSHIP IN AFRICA BASED ON THE EXPERIENCE OF EXTRAODINARY AFRICAN CHAMBERS IN CHAD

KEY WORDS:

Africa; Dictatorship; Human Rights; Criminal Responsibility.

PAGES: 240
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present thesis was written in the context of the postgraduate programme in Law of the University of Brasilia, focusing on the research of “The Law Found on the Street”, Legal Pluralism and Human Rights. It aims to identify the stance of hybrid courts regarding transitional justice, as means to challenge impunity for crimes sponsored by dictatorial regimes installed and sustained in Africa. The analysis is founded on inductive arguments, relying on the understanding of the Extraordinary African Chambers, which condemned the Ex-president of Chade Hissenè Habré in 2016, to present hybrid courts as suitable punishment instruments against the crimes committed by dictatorships within the Continent of Africa. The imperative question in this study is whether and how past abuses can be promptly punished today, according to the Laws practiced in the past, yet without qualifying such measures as violations of the principles of legality, revocation of amnesty, and prescription. In addition to limiting the States´ power and duty to punish, these three institutions restrict the possibility of applying the penal Law retroactively, an increasing necessity in court lawsuits during transition periods. The study faces such issue by defending that legality, amnesty and prescription are adequate requirements in line with the Democratic State, representing criteria that distinguish the latter from dictatorial regimes, which legitimate crimes as means of doing politics and distort the Law into a repressive tool. Finally, it is shown through Habré that laws supporting criminal activities are incompatible with these criteria and do not oppose the punishment of dictatorial crimes in Africa.

COMMITTEE MEMBERS:
Presidente - 1728968 - ENEA DE STUTZ E ALMEIDA
Interno - ***.173.968-** - JOSE GERALDO DE SOUSA JUNIOR - UnB
Externo à Instituição - LUCIANO MARIZ MAIA - UFPB
Interna - 1999301 - REBECCA FORATTINI LEMOS IGREJA
Externo à Instituição - SVEN PETERKE - UFPB