40 anos da Lei da Anistia: uma análise sobre a (des)continuidade do discurso autoritário brasileiro à luz da justiça de transição

Abstract

The present study has the scope of analyzing the (dis)continuity of the Brazilian authoritarian discourse in the light of transitional justice from the 40 years of promulgation of the Amnesty Law of 1979. To this end, it was necessary to analyze the Gomes Lund (and others) vs. Brazil case, since the Inter-American Court of Human Rights condemned the Brazilian State because the Amnesty Law hindered the criminal prosecution of state agents who committed crimes against humanity during the dictatorship period. Furthermore, it was essential to separate the context in which the Amnesty Law was enacted for a better understanding of the political scenario that the country was going through and to be able to situate the Brazilian transitional justice process. Considering the State noncompliance with the international condemnation that determined the prosecution of the military based on the constitutionality of the Amnesty Law declared by the Federal Supreme Court, the theorizations of transconstitutionalism and co-evolutionism were proposed as a possibility of dialogue between the two courts. Finally, it was presented a proposal to revise the Amnesty Law as a solution to the imbroglio as well as trying to demonstrate that the absence of a new Amnesty Law has harmful consequences for democracy, as it perpetuates the military´s historical debt.