Análise do delito de tortura no âmbito do direito espanhol e do direito brasileiro

Abstract

The present Work has for objective to study the torture delict. To initiate, displayind a briefing retrospecto of this historical fact, that Widely Was used in the periods of the Old Age, Average Age and Modern Age, persisting still in the current days. Considerations concerning its social and legal treatment Will be Weaveed, as Well the changes occured in elapsing of the centuries. The concepts in the international, Brazilian and in some European countries scope Will be approached, in compliance With its respective legislationes. It Will be studied the importance of the international instruments of protection of the human rights, as the Convention against the torture and other treatments, or cruel, inhumanity or degrading penalties and the American Convention of Human Rights (Pact of St. Jose in Costa Rica). It Will be treated, over all, of a parallel boarding of this delict in the Spanisch Right, delineating subjects, such as, legally protected interest protege, active citizen, typical behavior and species of torture. At last, the Work gives a general vision of the subject in the Sapnish scope and the Brazilian scope, materialize itself through the research carried in the libraries of the University Pablo de Olavide and Sevilla University (Spain); as well as in the library of the Pontifical Univeristy Catholic of São Paulo and in the Brazilian Institute of Criminal Sciences (Brazil)