A situação jurídica do indivíduo nas operações de paz

Abstract

The United Nations (UN) was created to safeguard international peace and security. Peace Operations are one mean of adjustment or solution found by the UN in situations that may lead to a disturbance of peace. Although the Charter of the United Nations (UN) makes no explicit reference to such operations, its legality is based on chapters VI, VII and VIII of that Treaty. In this regard, in the course of the negotiations for the effective execution of these operations, the UN establishes an immunity agreement on both civil and criminal jurisdictions for all personnel involved in the mission. Thus, this paper aims to analyze the legal situation of the individual in Peace Operations. To do so, at first, this text will address relevant concepts and definitions regarding these Operations. Then, key aspects of the topic will be addressed, such as: the importance of formal agreements settled between the UN and the states involved and the historical evolution of the rule of immunity from jurisdiction, associated with the modus operandi adopted by the UN. In a third moment, the Brazilian historical trajectory in such Operations will be presented, drawing attention to its protagonist participation in the United Nations Stabilization Mission in Haiti (UNSTAMIH). Lastly, based on a legal diagnosis of Brazilian participation in UNSTAMIH, some legal problems and vulnerabilities that need further reflection will be discussed. Based on the discussed on the text, it is concluded that immunities are not a sign of impunity but indispensable to guarantee the freedom of action of peacekeepers. In addition, it is foreseen the need for the internal maturation of the Brazilian Legal System in order to allow the country to be fully qualified to give a firm, transparent and prompt response to international society in case of any criminal conduct in Peace Operations.