Atuação da ONU no combate ao terrorismo e principais limitações

• Ano de defesa: 2017
• Autor(a) principal: Santos, Josycler Aparecida Arana
• Orientador(a): Guimarães, Antônio Marcio da Cunha
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Direito internacional público; Terrorismo; Direitos humanos; Contraterrorismo; Organização das nações unidas
• Palavras-chave em Inglês: International public law; Terrorism; Human rights; Counter terrorism
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/32098

This thesis deals with the current international legal systems, with a focus on the work of the United Nations (UN), in search of a cohesive definition on what can be considered an act of terrorism. By presenting suggestions of legal guidelines that must be applied in the action of counterterrorism in order to prevent and inhibit acts of violence which cause harm to the civilian population. This subject is becoming ever more important for the international society, since currently not only organized groups under a defined command can carry out acts of terrorism but, unfortunately, it’s becoming increasingly common the occurrence of “lone wolf” attack. This so-called lone-wolf terrorist is someone who, without terrorism precedents, prepares and commits violent acts alone, outside of any command structure and without material assistance from any group. The lone-wolves suddenly become more radical and act with unknown motivations behind even by people close to them. International Society must discuss in-depth analysis to establish the conditions and limits of performance within democratic rules to opposing the occurrence of undesirable terrorist acts. And that is the purpose of this thesis paper. The international dimension of the research object also makes this study relevant to legal science, allowing to reach the internationalization of the scientific study on the subject concerned in the country. In Brazil, this research is strongly considered unprecedented, original, whereas no attacks have occurred so far in national territory. The local doctrine does not deal with this matter properly. However, Brazil gathers aspects must be taken into account as risk factors: there is no efficient Border Protection Service, low-grade legal restrictions when foreign citizen’s entry, and groups that may express in their speech basics of hate crimes ideology. The exploratory research method was applied, with a fundamentally qualitative approach to develop the survey which concludes the standards set by UN are essential in the fight against terrorism. The fact that when the Security Council permanent members have been suffering constant attacks suggests that there will be a hardening of standards of this international organization, with the break of the principles and rules, which ones have been considered by the Public International Law due dogmatized since its establishment. Even though no State shall be obliged to assume responsibilities at the global level, taking into account that the sovereignty is a key factor of the structural composition of the Modern State. The impossibility of imposing legislation, in particular those of Human Rights Protection, makes negotiation process a lot harder, since the so-called pariah states will hardly accept their sovereignty prerogatives. It can be stated that the international law has been undergoing selective alterations throughout the existence of the United Nations, clearly demonstrated by the increased number of opened accession treaties, a wide temporal arc of more than fifty years. About 19 conventions and protocols were made over this period. However, the focal point, the setting of a closed criminal concept, as is currently in several cases that are judged by the International Criminal Court (ICC) and even adding of the criminal type of terrorism as a matter to be tried by the court cannot be perceived in the short and even in medium term. Political and culture differences, and mainly the lack of a balanced and proportional view among Member States of the risks and damages caused by terrorism, preventing concrete evolution in this respect