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A GUERRILHA DO ARAGUAIA: uma visão acerca da justiça de transição no caso Gomes Lund e outros e a busca da verdade para o direito de memória
Author(s) -
Tamires Gomes da Silva Castiglioni,
Everton Silva Santos
Publication year - 2019
Publication title -
revista saberes da amazônia
Language(s) - English
Resource type - Journals
ISSN - 2448-0576
DOI - 10.31517/rsa.v3i07.254
Subject(s) - humanities , political science , art , philosophy
The present work aims to analyze the Transitional Justice after the end of the Military Dictatorship experienced by Brazil. Between the 1960s and 1990s, several countries in Latin America witnessed political regimes of exception, marked by intense repression and violation of human rights, such as Brazil in 1964 and 1985, with the domination of the Military Dictatorship. The transition from an authoritarian regime to a democratic regime is characterized by redemocratization, which seeks to overcome the scenario experienced in the military period. The Transitional Justice seeks to investigate, prosecute and punish the perpetrators of the authoritarian regime. The implementation of the transitional process in Brazil violates certain international norms, such as the case of the Inter-American Commission on Human Rights to the Inter-American Court of Human Rights, entitled Gomes Lund and Others, which blamed Brazil for the heinous crimes committed in the Araguaia Guerrilla . The Federal Supreme Court dismissed the Arbitration for Non-Compliance with Fundamental Precept, No. 153, filed by the OAB in relation to the Amnesty Law, which contributed to the neglect of violations that occurred in that context in the face of human rights. Thus, the realization of a transitional justice is essential for the guarantee of democracy and for the cessation of repressive and violent practices. KEY-WORDS: Military Dictatorship; Justice of Transition; Human rights; Amnesty; Guerrilla of the Araguaia.

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