O princípio do ne bis in idem na Europa.
This analysis confronts the theme of international ne bis in idem, a syntagma that designates the preclusive efficacy with which a judicial order issued by a judicial body from a specific country is adopted in the various state systems. The introduction deals mainly with a historical emergence of th...
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Main Author: | |
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Format: | Article |
Language: | Portuguese |
Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2008
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4048513 |
Source: | Meritum, ISSN 2238-6939, Vol. 3, Nº. 2, 2008, pags. 61-140 |
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Summary: |
This analysis confronts the theme of international ne
bis in idem, a syntagma that designates the preclusive efficacy
with which a judicial order issued by a judicial body from a
specific country is adopted in the various state systems. The
introduction deals mainly with a historical emergence of the
principle of ne bis in idem in European systems, endeavoring
to gather dogmatic profiles and contemporary aspects of the
concept. Afterwards, the current international scenario is
described, where there is still considerable resistance to
acknowledging this rule as a standard of general international
law. In the same manner, developments related in particular to
international courts and to the so-called European juridical space
are underscored. This detailed examination proceeds ab imis: it
traces the main normative developments that denote the creation
of a European juridical space whose unifying strength lies in
the protection of fundamental rights � an aspect that takes on a
singular importance in the so-called third pillar, where the
existence of a dialect is acknowledged between the various
guardians of the heritage of values upon which the European
region is founded. The concept of ne bis in idem also converges
in the catalogue of principles, which, through gradual normative
and jurisprudential evolution, exalts the fundamental rights of
the individual and can be deduced from a general principle of
trust that safeguards the juridical position of the person who is
being prosecuted. This research also seeks to underscore the
necessary limits of the rule, perceived in the possible abuse
consisting of the choice of a venue conveniens and concerning
the rules of due process that, on the other hand, alter the principle
in the improper recognition of an unfair judgment. The analysis
concludes with an observation about the behavior of the rule acting
in the plan of judiciary cooperation, with special attention given
to the European arrest warrant, a recently drafted instrument that
delivers an edition of ne bis in idem very much removed from
the traditional extradition dimension of the principle. |
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