Democracia ameaçada: governo Bolsonaro contra a justiça de transição

Abstract

Political transitions from a regime of exception, marked by serious violations of human rights, to a democratic regime are studied in the field of law by what is called transitional justice. It is a relatively new field of study that emerged in the early 1990s, whether as a practice in international relations or as a theoretical field of academic study. The transitional justice in Brazil was established in the process of redemocratization after the decline of the businessmilitary dictatorship (1964-1985) in a set of measures that made up the new legal order forged by the political forces that were at the forefront of the elaboration of the 1988 Constitution This work, however, was supported by the critical literature about the limitations of this Brazilian transitional process, which was marked by a pact between the agents of the military government and the liberal-conservative opposition, so that the end of the dictatorship did not occur for its overthrow, but for a negotiation that took into account the terms of the very forces that made up the regime. In this way, the military managed to safeguard its interests, imposing preventive measures against the possibilities of accountability for the crimes of the dictatorship, such as the lack of criminal responsibility for state agents who carried out persecutions, torture and murders, among other shortcomings of the transition process Brazilian. Thus, in the first moment of the work, a critical study was carried out on the Brazilian transition, informing its late and limited development, insufficient to fulfill the prerogative of forming a society with democratic values and averse to authoritarian discourses, but which was still progressing in recent years, especially in the aspect of reparation for victims of the authoritarian regime. Next, an attempt was made to characterize the democratic crisis brought about by the demonstrations in June 2013 and the growth of the conservative wave that resulted in the phenomenon of pocketnarism. Finally, the political intervention of the first two years of the Bolsonaro Government in the various bodies and institutions created in Brazil under the framework of the transitional justice was analyzed, in order to promote, on the one hand, the dismantling and paralysis of its actions and, on the other hand, to reorient them through the appointment of new leaders, offering a counter-narrative in the approach of the business-military regime, positively treated by the government as a national salvation regime, responsible for ridding Brazil of a communist dictatorship that was supposedly underway in the 1960s. In addition to the bibliographical review on the theme of brazilian transitional justice, official documents of the Bolsonaro Government itself that intervened in the measures of reparation for the dictatorship, contrary to the intentions of the transitional justice itself, were also analyzed. Because the research also covers a very recent event in the country's political history, research was developed in journalistic articles, reports, opinion articles and other media products available online and published between 2019 and the first half of 2021, about of transitional justice policy. The failures and limits of the Brazilian transition process were seen as one of the contributing factors for a government with an anti-democratic bias and favorable to the militarybusiness dictatorial regime to reappear relatively easily and with so much popular support.