“Cuidado, meu bem, há perigo na esquina”: uma análise sobre anistia, justiça de transição e memória frente ao autoritarismo no Brasil

Abstract

After more than thirty years of the edition of the Federal Constitution of 1988, one of the main symbols of the process of redemocratization in Brazil, there is the propagation of speeches favorable to the dictatorship by politicians and public officials. The narratives, sometimes soften the criminal practices that occurred during the period of exception, sometimes they exalt authoritarian and repressive measures practiced by the agents of the dictatorship. In this way, the present work of completion of the course aimed to understand how the narratives that build the memory about the democratic transition in Brazil guide contemporary behaviors. To this end, bibliographic and documentary research was used in order to gather information to build the theoretical basis of the study, through the analysis of books, periodicals, scientific articles and dissertations on topics such as amnesty, transitional justice, memory and Brazilian military dictatorship. Divided into two chapters, the first addressed the issue of amnesty in Brazil, starting from the historical recovery of the main events that occurred during the Brazilian military dictatorship, from the 1964 coup to the edition of Law 6.683/79, known as Amnesty Law; presentation of the ways in which the Brazilian amnesty was faced from its edition until the promulgation of the Federal Constitution of 1988 and discussion about the contradictory aspects present in that Law, based on the judgment of ADPF 153 in 2010. The second chapter dealt with transitional justice, starting with the definition attributed to the institute and the presentation of the so-called transitional rights, with an emphasis on the right to memory; passing through the presentation of the experience of Argentina and Chile after the implementation of transitional justice; and ending with the analysis of the main Brazilian laws with a view to implementing transitional mechanisms. At the end of the work, it is concluded that characteristics typical of the Brazilian transitional period postponed the creation of memory policies and prevented the elaboration and implementation of a robust and effective transitional justice in the country.