A cooperação jurídica internacional no terrorismo

Abstract

Nowadays, global society has been faced with terrorism as one of its greatest challenges to be faced. To a large extent, terrorist attacks succeed in reaching most States, provoking fear and installing terror through violence and threats. In an increasingly technological world, with the interconnection which causes the reduction of physical barriers, terrorism finds increasing means of expansion, making it difficult to fight back. As a result, States seek efficient means of protecting and combating terrorism, using individual and collective strategies. In this sense, despite the fact that Brazil does not usually suffer terrorist attacks, the country has foreseen in the Constitution of the Republic the total repudiation of terrorism and assumes practical positions that demonstrate this positioning, having created an antiterrorism law and ratified International Conventions which deal with its confrontation. At the international level, in the area of extraterritoriality and transnational crimes, international judicial cooperation stands out as an essential mechanism capable of responding to the obstacles offered by terrorism, offering an alternative for States to respond collectively. In this scenario, the present work has as general objective to determine if international criminal judicial cooperation has limits in the fight against terrorism and, as specific objectives, to understand the phenomenon of terrorism; understand the kind of terrorism called cyberterrorism; analyzing international law in the field of terrorism, as well as domestic law in a constitutional perspective; describe the mechanism of international judicial cooperation and its mechanisms; and, finally, in the case of the presence of limits, to analyze them from the point of view of International and Internal Law. The research is exploratory and descriptive, based on a bibliographical and documentary survey that deals with the thematic approached, under a qualitative approach, through the deductive method. Finally, the need for international judicial cooperation in the fight against terrorism is evident, and in this context it has different nuances of the form presented in the other areas, defending in this study the flexibilization of some of its limits.