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This study aims to critically analyze the current conformation of international criminal justice, identifying the main difficulties that it faces and proposing a new direction that may serve to mitigate these problems and allow the achievement of the goals purposed by states in international arena. According to this thesis, the current status of the international criminal justice, which has evolved substantially in the post-Cold War together with the international protection of human rights, is based on a solely repressive proposal. This model manifests itself, regarding the combat of universal crimes, by priorizing the creation of international criminal courts and through the definition of international standards that are compulsory to States. However, this proposal suffers from several difficulties which can be summarized in two major points: its incapacity to enforce itself, which may endanger the essential independence required from a judicial system, and its inability in deciding its own goals. Thus, it is possible to conclude that the international imposition of a criminal sentence is a dangerous political exercise that demands limitation. Furthermore, in response to the serious effects of universal crimes, international criminal justice needs to be rethought according to a proposal that is also prospective, which, coupled with repression, can serve to the prevention of universal crimes and to ensure universal peace and human rights. This proposal is what is called a universal criminal policy. LISTA DE ABREVIATURAS E SIGLAS CDHNU – Conselho de Direitos Humanos das Nações Unidas CIDH – Corte Interamericana de Direitos Humanos CIJ – Corte Internacional de Justiça ECHR – European Court of Human Rights ECOSOC – United Nations Economic and Social Council FPLC – Forces Patriotiques pour la libération du Congo GESTAPO – Geheime Staatspolizei ICC – International Criminal Court ICTR – International Criminal Tribunal for Rwanda ICTY – International Criminal Tribunal for the Former Yugoslavia ICJ – International Court of Justice IFOR – Implementation Force INTERPOL – International Criminal Police Organization KFOR – Kosovo Force NATO – North Atlantic Treaty Organization ONU – Organização das Nações Unidas OTAN – Organização do Tratado do Atlântico Norte PCIJ – Permanent Court of International Justice RPA – Rwandese Patriotic Army RPF – Ruandese Patriotic Front SFOR – Stabilization Force SS – Schutzstaffel TPI – Tribunal Penal Internacional do Estatuto de Roma TPII – Tribunal Penal Internacional para a ex-Iugoslávia TPIR – Tribunal Penal Internacional para a Ruanda UN – United Nations UNAMIR – United Nations Assistance Mission for Rwanda UNTAES – United Nations Transitional Authority in Eastern Slavonia, Baranja and

Por uma política criminal universal: uma crítica aos tribunais penais internacionais