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Opinión Jurídica

Print version ISSN 1692-2530On-line version ISSN 2248-4078

Abstract

NOLASCO DE OLIVEIRA, Ramon Rebouças  and  GIESTA-CABRAL, Rafael Lamera. National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth. Opin. jurid. [online]. 2021, vol.20, n.spe43, pp.113-140.  Epub Nov 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n43a4.

The article aims to problematize the issues of memory and Transitional Justice from the context of the establishment of the Brazilian National Truth Commission - (CNV, in Portuguese). The disputes about what to remember, how to remember, and what to forget (or not to forget) can become very complex in times of political polarization. By problematizing the Brazilian case between 2008 and 2014, we seek to highlight how the institution path of the CNV dealt with legislative and empirical obstacles around memory, history, forgetting, and resentment. Methodologically, the research used primary sources (legislative and judicial documents, reports, opinions) and secondary sources (specialized literature on the subject). Using the descriptive method, we present the Brazilian transitional context and the course of the CNV to demonstrate how the tension between resentment and the right to memory and the right to truth were organized by the Commission. While the outcome of the CNV Report is relevant, the accountability of human rights violators in Brazil is neutralized by the justice system. The promise of a public policy on memory remains in oblivion controlled by political elites.

Keywords : National Truth Commission; human rights; transitional justice; memory; amnesty.

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