Prohibition and sanction of genocide

 C-488/09. 

Summary

In this case, the plaintiff demanded the article 101 of the Law No. 599 of 2000, which establishes the criminal prohibition and sanction to the genocide. The charges were orientated to (i) question the expression “as a consequence of belonging to a group”, as a requisite to sanction the genocide and (ii) reproach the existence of a “punitive dosage” that changes depending on the imputed conduct.  The Court didn’t find solid ground on the allegations of the suit, first of all, the Chamber explained that the accused expression only specifies the scope of the penal type, but doesn’t restrict the ambit of protection consecrated by the international law. In second place, this Tribunal encountered that the legislator contemplated that the genocide perpetuated by massacre represented a mayor affectation than other types of genocide, therefore, it attained a created graduation on the sanction, but never look into impunity in any case.  Therefore, the norms were declared constitutional.