O CASO BEMBA FRENTE AO TRIBUNAL PENAL INTERNACIONAL A FIGURA DO SUPERIOR HIER�RQUICO NO ESTATUTO DE ROMA

Abstract

The subject of research is the trial of Jean-Pierre Bemba Gombo before the International Criminal Court and the possibility of a general part, regarding International Criminal Law. As a specific objective, there is the examination of the figure of the hierarchical superior in the structure of the Rome Statute and the application of the legal figure for the first sentence and eventual decision of the appeal made to the court by the Congolese. The proposed research belongs to the juridical-sociological methodological aspect. Regarding the type of investigation, the legal-projective type was chosen. The reasoning developed in the research will be predominantly deductive. It was concluded from the present research that the sentence and the appeal were antagonistic regarding the elements of characterization of the hierarchical superior and, consequently, in the fulfillment of a general part of International Criminal Law. The first relied on the consolidation of the necessary elements for the commission of crime by omission, while the decision of the appeal re-discussed the matter, understanding the non-observation of the previously overweight elements.