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Contributions of the Inter-American Court of Human Rights about amnesty and transitional justice on the motion for clarification of judgement of the reference on violation of a fundamental principle n. 153

Grant number: 19/18276-9
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): February 01, 2020
Effective date (End): January 31, 2021
Field of knowledge:Applied Social Sciences - Law
Principal researcher:Pedro Pulzatto Peruzzo
Grantee:Gabriella Silva de Oliveira
Home Institution: Centro de Ciências Humanas e Sociais Aplicadas (CCHSA). Pontifícia Universidade Católica de Campinas (PUC-CAMP). Campinas , SP, Brazil

Abstract

With the present research, we intend to verify if it is possible to affirm the there are consistent parameters about amnesty and transitional justice in Inter-American Court of Human Rights that could subsidize a different decision by the Supreme Court on the motion of clarification of judgment of the Reference on Violation of a Fundamental Principal n. 153, in a way aligned with the Inter-American Court understanding. On this Reference on Violation, the Supreme Court has decided in a sense to consider the Brazilian amnesty law completely compatible with the Federal Constitution, what precluded even the criminal verifications about the forced disappearance (permanent crimes) and common crimes that shows a "sui generis" connexion with political crimes, such as rapes. The main reason to justify this search is to verify if what the Inter-American Court of Human Rights decided about amnesty and transition justice until 2018 has sufficient consistency for us to affirm that there are, at Court's sphere, more then a conventional duty to fulfill its decisions, parameters of regional governance related to amnesty and transitional justice that, since it had been built starting from the reality of a considerable number of countries of the region, could be used as a relevant factor to affirm the necessity of compromise of the Supreme Court to 1- align to the recommendations of the Inter-American Court of Human Rights in Gomes Lund vs. Brasil and Vladimir Herzog vs. Brasil case laws. 2- to change the Brazilian decision about amnesty, stipulated on the year 2010 or 3- keep the 2010's decision and strengthen the transitional process resorting not to criminal law and munitions, but to culture and Human Rights' education. Our hypothesis is that those parameters exist, especially to strengthen the transitional process resorting to culture and human rights' education, for the non-repetition of the situation.

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