This Sunday’s decision (15) by Minister Flávio Dino, of the STF (Supreme Federal Court), that the dictatorship’s Amnesty Law received praise from the presidents of the commissions and Amnesty.
The president of , Eugênia Gonzaga, classified Dino’s understanding as a “watershed”.
For her, the moment is decisive for Justice to decide “whose side it is on”. Officially, there are 170 people who disappeared during the military dictatorship (1964-1985). But, according to Eugênia, the number of victims of State repression in those decades could be around 10 thousand, if considered peasants and murdered, among other groups of non-political activists.
“Great decision, [um] watershed in the STF. Because, for the first time, a minister speaks in these terms. We are in a very favorable, positive and decisive moment for Justice to say which side it is on. Whether or not you are in favor of transitional justice, whether you will continue to agree with impunity or not,” he told Sheet.
Despite praising the judge, Eugênia calls the decision conservative. “It states the obvious, that ongoing crimes of concealment are not subject to the law. There is a thesis that says that crimes against humanity, by definition of international law, do not prescribe. It is based on this understanding that Chile and Argentina prosecute the perpetrators [dos crimes]”.
Eugênia, who is a public prosecutor, argues that torture and homicide are serious injuries to human rights, for which there is no amnesty.
According to Dino’s understanding, , because “whoever hides and keeps something hidden prolongs the action until the fact becomes known”.
The minister’s position was expressed in a decision published this Sunday. Dino is the rapporteur of an appeal by the (Federal Public Prosecutor’s Office) against a ruling by the Federal Regional Court of the 1st Region that had allowed military personnel accused of hiding bodies during the military to benefit from the Amnesty Law of 1979.
Dino’s decision defines that the case must have general repercussions — an instrument through which the Supreme Court establishes a broad understanding of the matter. The case will be analyzed by the other magistrates of the court, in the virtual plenary of the .
Like Dino, Eugênia cited the commotion generated by the film “I’m Still Here”, by Walter Salles, which tells the story of the widow of Rubens Paiva, an engineer murdered by the dictatorship in 1971.
“The general commotion over the film and this type of decision [de Dino]I hope they contribute to making those who have information feel more confident and empowered to come forward and tell the truth”, said Eugênia.
For her, given the most recent cases of anti-democratic movements, ministers may have changed their position since — when, by 7 votes to 2, the majority of the Supreme Court rejected revising the Amnesty Law. There was an appeal based on international laws, and the matter is at a standstill.
“Everything that has happened in recent years fully demonstrates that the lack of transitional justice in the country contributed greatly to what has happened now, the return of the dictatorship, the breach of legality. Today’s violent agents look to examples from the past that will continue to go unpunished” , he said.
The president of the Amnesty Commission, Eneá de Stutz e Almeida, also praised the judge’s decision, but extended the charge to the Judiciary. For her, the determination was correct, but the STF has a “unique opportunity” at this moment and cannot waste it.
“Combining Minister Dino’s decision with Minister Barroso’s recent statement that the Armed Forces should have already asked forgiveness from Brazilian society for their participation in the 64 coup and the dictatorship that followed, I believe that the STF has a unique opportunity to reaffirm our Constitution”, Eneá told Sheetwhen arguing that the Amnesty Law does not include torturers.
For her, it is necessary to “come to terms with the authoritarian past” and hold criminal responsibility for all coup plotters, “yesterday and today.”
He also argues that the law is not about “self-amnesty” and that whoever committed a crime must still be held responsible in the criminal field. To do this, the STF would need to resume the 2010 judgment on the Amnesty Law.
The stance adopted by the Judiciary on the scope of the Amnesty Law may undergo considerable change if Minister Flávio Dino’s understanding is followed by the entire Supreme Court.
This action began in 2015. The Federal Public Ministry filed a complaint with the Federal Court in Pará against Army lieutenant colonels Lício Augusto Ribeiro Maciel and Sebastião Curió Rodrigues de Moura.
They are accused of the crimes of qualified homicide and concealment of a corpse committed during the Araguaia Guerrilla.
When contacted about Dino’s decision, the Army declined to comment. “The Army’s Social Communication Center clarifies that the Force does not comment on decisions issued by other bodies, as this is the procedure that has guided the respectful relationship between the Brazilian Army and other institutions of the Republic.”
