Direito à memória: uma análise acerca da importância da Comissão Nacional da Verdade no Estado Democrático de Direito à luz do caso Epaminondas de Oliveira

Abstract

The incidence of the fundamental right to memory promotes the construction of a Democratic State of Law based on the human condition. In this sense, the National Truth Commission proves to be a fundamental organism to ensure the transition to democracy, since through it, crimes against humanity committed in the context of the Military Dictatorship will be clarified. In view of this, the present work seeks to understand the importance of the work of the National Truth Commission in promoting the fundamental right to memory within the Democratic State of Law in the light of the case study Epaminondas Gomes de Oliveira. Regarding the methodology applied to this work, the research method used was hypothetical-deductive and the research carried out is classified as bibliographic and documentary based on a case study. The results obtained in this work allowed to identify that the National Truth Commission was a fundamental instrument to elucidate the crimes against humanity practiced by the agents of the State in the dictatorship, preventing the victims from remaining forgotten and, therefore, from the resumption of the memories of the at the time by the Commission, necessary clarifications were obtained in order to build a democracy based on truth, justice and above all, on the dignity of the human person, but also, there are evident flaws in the workflow of the same person, which was extracted from the Epaminondas Gomes de Oliveira case study. In view of this, it was concluded that the analysis of the Epaminondas case validated the importance of the organism's action to find answers about the violations practiced, demonstrating the indispensability of the fundamental right to memory so that these works of the National Truth Commission could be elaborated to ensure a safe transition to democratic rule. However, the approach of the case also demonstrates that the National Truth Commission presents points that deserve improvement, exemplifying, therefore, that there are other crucial conditions for the elucidation of human rights violations perpetrated in order to promote the sustainability of democracy, which it will not be done without the fundamental right to memory, the key piece to prevent the impunity of the crimes of the dictatorship from prevailing and to prevent their victims from remaining silent, just as they have been throughout the Military Regime.