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Silent No More: Brazil's Supreme Court Challenges 1979 Amnesty Law
- 2024/12/18
- 再生時間： 13 分
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あらすじ・解説
In December 2024, Supreme Federal Court (STF) Justice Flávio Dino issued a groundbreaking decision challenging Brazil's 1979 Amnesty Law, which had previously granted immunity for crimes committed during the military dictatorship period (1964-1985). The decision specifically addresses the ongoing crime of concealing victims' bodies, arguing that such crimes continue to be perpetrated as long as the remains are hidden.The 1979 Amnesty Law provided immunity for political crimes and related offenses committed between September 2, 1961, and August 15, 1979. However, Dino's interpretation introduces a crucial distinction by arguing that crimes of concealment persist beyond the amnesty period, making them prosecutable under current law.This legal development emerges against the backdrop of Brazil's complex relationship with post-dictatorship justice. Unlike neighboring countries such as Argentina and Chile, which have successfully prosecuted dictatorship-era crimes, Brazil has maintained broader impunity through its amnesty provisions. Since 2012, federal prosecutors have filed over 50 criminal cases related to dictatorship-era human rights abuses, but most have been dismissed citing the amnesty law.The current challenge to the law's scope has gained "repercussão geral" status, meaning that if upheld by the full court, it would set a binding precedent for all similar cases throughout Brazil. The timing of this legal development coincides with broader societal discussions about historical memory and justice, poignantly captured by Walter Salles' film "Ainda Estou Aqui," which depicts the story of disappeared politician Rubens Paiva and his family's decades-long search for truth.This potential reinterpretation of the Amnesty Law represents a significant shift in Brazil's approach to historical justice and accountability for past human rights violations. The decision, if upheld, could open new avenues for prosecution while maintaining the broader framework of the 1979 law.#SUMMARY#Brazil's Supreme Court challenges 1979 Amnesty Law, potentially allowing prosecution of ongoing crimes from the dictatorship era, marking a shift in Brazil's view of victims of the dictatorship (1964-1985).#KEYWORDS#transitional justice, human rights, amnesty law, military dictatorship, enforced disappearances#NAMES#Flávio Dino, Walter Salles, Rubens Paiva, Eunice Paiva, Lício Augusto Ribeiro Maciel#PLACES#Brazil, Brasília, Rio de Janeiro, Argentina, Chile#BIBLIOGRAPHY#Human Rights Watch. (2024). World Report 2024: Brazil.Supreme Federal Court. (2024). Decision on Amnesty Law Application.Federal Public Ministry. (2024). Report on Dictatorship Era Cases.Brazilian National Congress. (1979). Lei da Anistia.#CITATIONS#https://www.stf.jus.br/amnesty-law-decision-2024https://www.mpf.mp.br/dictatorship-cases-2024https://www.hrw.org/world-report/2024/brazil#YOUTUBE#https://youtu.be/gDunV808Yf4#WIKIPEDIA#https://en.wikipedia.org/wiki/Brazilian_military_dictatorshiphttps://en.wikipedia.org/wiki/Transitional_justicehttps://en.wikipedia.org/wiki/Law_of_Brazil#ALTTEXT#A snapshot photo of Rubens Paiva, a congressman who would later disappear during Brazil's dicatorship (1964-1985)#CAPTIONS#The body of Ruben Paiva, like thousands of his fellow "desaparecidos", may never be found. But memory of them live on.#QUOTES#"Who hides and keeps something hidden prolongs the action until the fact becomes known" - Flávio Dino"The crime is being consummated even at the present date" - Supreme Court Decision"Everything that has happened in recent years clearly demonstrates that the lack of transitional justice in the country contributed a lot" - Eugênia Gonzaga"The conceptual differences between both institutions allow us to conclude that the constitutionality of a rule does not necessarily impact its conventionality" - Judge Simone Schreiber"If an amnesty today is unacceptable, the amnesty of yesterday should be equally unacceptable" - Coalition of families of victims of dictatorshipCitations:[1] https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-files/7408288/2054cc2d-51d9-438f-abe7-12ddd1b6022b/paste.txt[2] http://opiniojuris.org/2019/08/16/at-long-last-brazils-amnesty-law-is-declared-anti-conventional/[3] https://erlacs.org/articles/9250/files/submission/proof/9250-1-17593-1-10-20131023.pdf[4] https://g1.globo.com/politica/noticia/2024/12/15/lei-anistia-repercussao-geral.ghtml[5] https://theguide.com.br/entertainment/film-ainda-estou-aqui-i-am-still-here-arrives-in-theaters-in-brasilia/[6] https://g1.globo.com/pop-arte/cinema/noticia/2024/11/07/ainda-estou-aqui-estreia-com-aviso-contra-ditaduras-democracia-e-falha-mas-e-o-melhor-que-temos-diz-fernanda-torres.ghtml[7] https://www.hrw.org/world-report/2023/country-chapters/brazil-0[8] https://agenciabrasil.ebc.com.br/justica/noticia/2024-12/dino-propoe-que-lei-da-anistia-nao-vale-para-ocultacao-de-cadaver[9] https://www.cnnbrasil.com.br/entretenimento/...