O incidente de deslocamento de competência na visão do STJ: uma análise crítica á luz da doutrina e juris prudência na efetivação dos direitos humanos no Brasil.

Abstract

The IDC, Incident of Displacement of Competence: in other words, the federalization of serious crimes against Human Rights, was introduced into the Brazilian legal system, with the enactment of Constitutional Amendment No. 45/2004, also known as judicial reform, which occurs when there is a crime and, in this case, there is a hypothesis of serious violation of human rights. and the possibility of holding the State accountable, the Prosecutor The General Court of the Republic, in order to ensure compliance with human rights obligations arising from international treaties to which Brazil is a signatory, may request the STJ to transfer the jurisdiction of the state to the federal courts, at any stage of the investigation or proceeding, in compliance with the requirements provided for by law. The incident of displacement of jurisdiction, in the view of the STJ's jurisprudence, according to the analysis carried out with the research confronting doctrine and jurisprudence, acts as an effective element of human rights protection, as well as a preventive element, thus avoiding a possible and future liability of the State for non-compliance with international treaties and conventions to which Brazil is a party, It also strengthens the fight against impunity.