International cooperation in the fight against crime. Transfer of convicted persons. Execution of foreign criminal sentences. New concept

Authors

  • João Marcello de Araujo Junior Universidade do Estado do Rio de Janeiro, UERJ, Brasil image/svg+xml

Keywords:

Cooperação internacional, Transferência de condenados, Sentença penal estrangeira, Homologação, Direitos humanos

Abstract

The text examines the historical and comparative evolution of international cooperation in criminal matters, highlighting the overcoming of the idea of petrified sovereignty in favor of the transfer of convicted persons and the execution of foreign criminal sentences. It analyzes Brazilian legislation, which since the 1940 Code admits the homologation of foreign sentences for civil effects and security measures, but not for principal penalties. It argues for the necessity of homologation by the Brazilian Supreme Court, adopting the system of indirect application of foreign procedural law, without nationalization of the decision. It concludes that bilateral and multilateral treaties are advisable, especially within Mercosur, and proposes a draft law to adapt Brazilian legislation, in respect for the humanization of penalties and the human rights of the convicted person.

Downloads

Download data is not yet available.

Author Biography

João Marcello de Araujo Junior, Universidade do Estado do Rio de Janeiro, UERJ, Brasil

Professor Titular de Direito Penal na UERJ.

References

-

Published

1995-04-01

How to Cite

ARAUJO JUNIOR, João Marcello de. International cooperation in the fight against crime. Transfer of convicted persons. Execution of foreign criminal sentences. New concept. Brazilian Journal of Criminal Science, São Paulo, v. 10, n. 10, p. 105–115, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3392. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
Views 17 Downloads 21