A justiça aplicada nos tribunais Ad Hoc e tribunal penal internacional

Abstract

In the human history the sense of justice has always been present. The philosophers of Antiquity already looking for a concept of justice based on the general will. On the other hand, the constructionists establish justice linked to the law and the creation of Social Contract. In that regard, seeking to apply the fairly law creates Ad Hoc Tribunal on a temporary and exception basis, against Nazism genocidal atrocities. And later, due to the need to have a permanent national court, it created the International Criminal Court, through the promulgation of the Rome Statute in 1988, with characteristics of permanence, supraconstitutional, independent and subsidiary. However, the notion of justice constructed by philosophers and endorsed by the Brazilian Nation in its Constitution, it is lost when using these Courts as a way to solve conflicts, which is the object of this article. To do the analyses, it was used the deductive methodology with the use of bibliographic. The result was that both, Ad Hoc Tribunals and International Criminal Court, aren’t agreement with the concept of justice, both Courts have the characteristic of partiality and punishment of the losers carried out by the winners, or potential holders of power.