Abstract

CARNEIRO LEAO, Anna Mariani. The Brazilian Truth Commission and Transional Justice in Brazil. Rev. Derecho Estado [online]. 2013, n.30, pp.55-92. ISSN 0122-9893.

Abstract Twenty-seven years after the end of the military rule (1964-1985), the Brazilian Congress passed legislation that established the Brazilian Truth Commission. With no judicial power, the Commission's mandate is to investigate details of the circumstances under which serious human rights crimes were committed during military rule in Brazil. However, contrary to the current developments of the International Human Rights Law, a Brazilian Amnesty Law, enacted in 1979 as a result of a delicate political compromise between government and opposition to end the military rule, forbids that "political" crimes committed at that time be investigated and taken to Court. Having implemented a complex reparation's program that benefited a large number of victims and establishing the Truth Commission to help coming to terms with the past, it is not clear, when the Commission concludes its work, what may follow, because of failure to meet the justice requirement. That will very much depend on Brazilian society's reaction to what will be revealed. Both indifference and outrage are possible outcomes.

Keywords : Transitional justice; Brazil; Amnesty; Truth Commission; International Human Rights Law.

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