A ditadura militar no Brasil: Lei de anistia e seus reflexos na atualidade

Abstract

This research analyzes, from a qualitative research, what are the possibilities of partial repeal of the Amnesty Law. After a historical contextualization of the military dictatorship and the creation of the aforementioned law, an analysis was made about the initial barriers encountered by the discussion of partial revocation. Subsequently, an in-depth study was made about transitional justice, approaching its concept, its origin, and its fundamental pillars, along with the jurisprudence that has been developed in the Inter-American Court of Human Rights. For this, military dictatorships and Amnesty Laws in other Latin American countries were observed, as well as the condemnations suffered by them before the Inter-American Court of Human Rights. An approach was made about the Guerrilha do Arragauia and the case Gomus Lund et al. v. Brazil. Finally, the condemnation suffered by Brazil in the trial of the aforementioned case and the trial of the The Fundamental Precedence Action no. 153 were discussed. The main conclusions reached, related to the fact that historical, cultural and political elements of the Brazilian scenario, together with the prevalence of a normative-institutional approach in the performance of the CourtIDH, have undermined the possibility that the sentence will contribute to the full effectiveness of the transitional justice system in Brazil, taking into account the right to memory, truth, justice and reparation in a comprehensive manner, and also jeopardizing the fight against human rights violations by the Brazilian State during the period military dictatorship.