Sequência: Estudos Juridicos e Politicos (Nov 2020)

Transitional Law and Democracy: late responsibility for torture and other atrocities that ocurred in brazilian Military Coup

  • Mauro Benente,
  • Irene Patricia Nohara,
  • Silvio Luiz Almeida

DOI
https://doi.org/10.5007/2177-7055.2020v41n85p10
Journal volume & issue
Vol. 41, no. 85

Abstract

Read online

The main purpose of this study is to focus on the consequences of torture and other atrocities occurred during the Brazilian military coup. Through hypothetical-deductive and inductive methods, it aims to expose the decision of the Supreme Court concerning the Amnesty Law, international condemnation of Brazil in Araguaia case and the responsibility of the State for the death and disappearance of the bodies, including lack of transparency, which are significant worries about transitional law rules. It concerns not only the past, but also has prospective effects, as taking the state oppression out of invisibility contributes to the consolidation of democracy.

Keywords