Stf can confirm a new revision of the Amnesty Act in 2025 | Method
15 years ago, the STF decided that the forgiveness of military crimes was in favor of the Constitution; In the wake of ‘I Am Still Hir’ success, the court may attempt new arguments against the law in 2025
The Rubens Piwa case is far away. Marcelo Rubens Paiva, the son of former Federal Deputy, on the last page of 2015, I am Still Hir. For nine years after the book was released, this phrase was not old. So much so, in accordance with the Walter Sales theaters, the message at the end of the film recalled that the five respondents in the case were yet to be punished.
The criminal action of the Paiva case has been locked from September 2014. The ban on the then minister of the Supreme Court (STF) did not consider the process “unfavorable”. In April 2010, the Supreme Court ruled that the dictatorship of military crimes was in favor of the constitution. Therefore, the facts investigated in the Piva case are already forgiven.
With the success of Sales, the first Brazilian characteristic of winning the Oscar Award, the revision of the Amnesty Act must return to the agenda of the STF in 2025. The ministers decide whether the 1979 apology has been expanded to permanent crimes, forced frustration and corpse hidden.
This argument has given new power to claims in the Supreme Court for the revisions of the Amnesty Act and the international court decision. The outcome of the new verdict can not only open the Piwa case, but also other processes that have been missing and killed in dictatorship.
How was the judgment of the Anesty La Review?
The loan waiver of military dictatorship was granted by Zono Figuredo in August 1979 “Presidents General”. Allowed to return to the political scene of the rule of the regime, it created a legal shield to process the oppression agents due to “major years” crimes.
In October 2008, the Brazilian Bar Association (OAB) questioned the efficiency of the Lending Act to the Constitution in the Supreme Court. Lawyer Fabio Kender’s comparisons, such as violence such as killings and violence by public agents, by forgiveness of injury to the wound, this law is the constitutional principles of the human person’s respect.
Comparison Sao Paulo (USP) is a legal professor at the University. Human rights activist, journalist Luiz Eduardo Merlino was one of the lawyers of the action conducted by Colonel Carlos Albero, Albero’s Ustra, killed under the Doi-cheat of Sao Paulo in July 1971. In 1992, the then President Farnando witnessed.
OAB has questioned the law by an argument that does not consent with a basic principle (ADPF). In this type of action, the Supreme Court analyzes whether a rule before the Constitution violates the principles of the country’s legal order.
The debt of the military government was “between September 2, 1961 and August 15, 1979, apologized to all those who committed political or related crimes with them. In terms of” relevant “crimes, the law regarded” any kind of crimes committed to political crimes or political crimes. “
This writing is the main part of the action proposed by OAB. The company argues that the “obscure” is aimed at guaranteeing punishment for crimes committed by the oppression of military rule. In this sense, the “self -indulgence” is classified, that is, the government is forgiven for its own crimes.
In addition to the “vague” suit, OAB requests the inability of the word “related crimes”. According to the entity, the definition established in the law is contrary to the potential perspective, as the relevant crimes, in the terminology of the law, interests or goals have committed another crime in the society. In the present case, agents of oppression are in the community with the interests or objectives of the rule of the regime.
“At that time, we tried to demonstrate that the word ‘connection’ was a technical term, which was the word provided in the law and the hypothesis of the loan waiver to the military dictatorship agents,” said the criminal.
The then Minister disagreed with the arguments submitted by Eros Grav. The practical influences of the reporter law – it is impossible to prosecute military offenses for oppression – but the country’s rebuilding process has been paved with the country. In this sense, there is no “ambiguity” in accordance with the rules of the norm, and the law is not “self -debt”, “accepted loan waiver” between the government and the opposition.
In terms of the inefficiency of “related crimes”, the grade understands that the provision of the Amnesty Act should be understood in the event of provision of provision. In the historical context, the reporter predicts that “connection” is expanded to crimes of oppression agents if the law is considered “agreement” between the federal government and the opposition. There were 7 votes for 2 after the reporter.
The result of the trial is to regret, in which, according to him, there is a “political reading” of the STF in relation to the historical context of 1979. The thesis of “Pact” by Amnesty is also disputed, Rio de Janeiro (UFRZ) Federal University of Rio University (UFRZ) Professor Carolina Siril in the Constitutional Act. According to Carolina, the concept of “PACT” has agreed to the opposition of a loan waiver who despised the conditions of the political moment. “This is not a transaction between equivalent,” the lawyer said. “How can I say that if we do not even have democratic elections at the time of this law, we have agreed to the whole society?”
The Fabio Kender comparison also complains of judgment. According to the lawyer, the court did not take into account the nature of crimes that were “related to” politicians.
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Retired from comparison law. At 88, it is not his daily routine to follow the procedural deadline, but the lawyer is waiting for the process of final action. It was subscribed by PSOL in ADPF 320, 2014 and signed the lawyer. Inquiry of the International Court of Representation of Brazil’s “property” of the new petition.
Gomes Lund case
In November 2010, the Inter -American Court of Human Court condemned Brazil in the Gomes Lund case, also known as “Araguya Guerrilla”. One of the missing students in the guerrillas is eligible for the process under the name of Gilherm’s mother, Julia Gomes Lund.
The sentence determines that the country recognizes the criminal type of forced disappearance and gives a permanent role to this crime, for which there is no prescription or effect of forgiveness.
In the process, Brazil argued that the case could not be investigated due to the Amnesty Act. The Inter-American Court has encountered the allegation and that the country and human rights signed the American conference on human rights, and that human rights cannot use internal rules to prevent crimes from injury.
“The provisions of the Brazilian Debt Act that prevent the investigation and grant of serious human rights violations are not contrary to the American meeting, there are no legal effects and cannot continue to indicate an obstacle to investigate the facts of the current case.”
What can be changed in 2025
There is a period of events defined by the Amnesty Act, forgiving the crimes committed from September 1961 to August 1979. In the case of permanent crimes, the Supreme Court must decide whether there is an extraposition of the period defined by the law.
The Supreme PSOL has filed the theme of the ADPF and the resources in the resources. As shown EstadoI am still here, where the dictatorship has been missing. Since the release of the film in September 2024, case policies such as Rubens Piva and Araguya guerrillals have been traction.
Debt removal becomes a low obstacle, but these processes still have other problems, such as documentary credentials and trouble in collecting evidence.
Carolina Sirillo predicts that the practical effects of the Amnesty Act have already been completed. The text was prevented from being investigated shortly after the end of the code, which was a crucial period of gathering information about dictatorial crimes. “In the practical terms of criminal proceedings, there is no way to condemn people,” Carolina said.
For the botin in the pear, the removal of debt is more important than any beliefs. “This is a thing that is not punished because the person died, or because of the crime. Another thing is not punished, because you are forgiving or unintentionally,” the lawyer said. “For Brazilian society, it is important to make it clear that these crimes have never been forgiven. They are not always a debt.”
These cases are ready to be guided, but not yet determined by reporters. From the reporter of the Araguya guerrilla appeal, PSOL ADPF has reported that the case of the Paiva case was reported to Alexander de Mores and Dias Tofoli.
