Making compatible the brazilian legal order and the Rome Statute in the light of the transconstitutionalism the matter of the life imprisonment

Abstract

This paper intends to study the application of the transconstitutionalism to constitutional issues arising from the relationship between the Brazilian legal ordem and the Rome Statute. For this, it is asked: is the transconstitutionalism able to offer an answer capable of avoiding conflicts caused by the primacy’s presumption of each orders involved in the problems arising in this relation? In the light of the proposal transversal rationality formulated by the transconstitutionalism, it is seen that, understood by each system the bases that led to the adoption of certain provisions supposedly contrary to theirs, there will be a new understanding in this difficult relationship, especially from the recognition of a multicentric legal system whose courts are connected in the resolution of certains common issues. For that, the paper will begin from the analysis of Marcelo Neves' theory of transconstitutionalism, highlighting, especially, the relationship between state law and international law, following to the study of the relationship between such orders in the traditional perspective and of subjects related to the fundamentals and particularities of international criminal law. Finally, the matter of the life imprisonment will be analysed in the light of the transconstitutionalism.