The (Federal Supreme Court) formed a majority on Tuesday (11) to decide that the Court will analyze whether concealment of the corpse committed during the military dictatorship has protection of the amnesty law, according to the practice that the practice is one, since one, since It is without solution.
Until Tuesday night, there are six votes to confirm the minister’s understanding that the case of concealment of corpses committed in the Araguaia Guerrilla has general repercussions, which means that the decision made will be valid for all similar processes in the country.
In the vote, however, Dino claims that this is not a revision of the Amnesty Law, already endorsed at other times by the Supreme, but a particularity. He argues that it is not possible to amnesty future acts and that the practice is prohibited by the Constitution.
“Now, who hides and holds something hidden, prolongs the action until the fact becomes known. Crime is consummated even on this date, so it is not possible to apply the amnesty law for these later facts,” says the rapporteur.
The application of the Amnesty Law, according to the magistrate, extinguishes the punishment of all acts performed until its entry into force in 1979.
“Amnesty can only achieve past acts; there is no possibility of annoying future act, which would mean a ‘criminal voucher’, which is obviously prohibited by the Constitution. The amnesty law was valid for the STF and the present decision to Applies to its object: crimes consummated prior to its entry into force, “said Dino.
On December 15, Dino decided that the case should have a general repercussion. The appeal under discussion is from the Federal Public Prosecution Service against a judgment of the TRF-1 (Federal Regional Court of the 1st Region) that allowed military personnel accused of hiding corpses during the dictatorship to be amnesty.
In the decision, Dino also cited the case of the deputy deputy, portrayed in the movie “”, whose body was never found.
“The story of Rubens Paiva’s disappearance, whose body was never found and buried, underlines the imprescriptible pain of thousands of fathers, mothers, siblings, children, nephews, grandchildren, who have never been assisted their rights as to missing family members. Volting and bury them, despite stubborn searches like that of Zuzu Angel looking for his son, “he said.
The discussion of the specific case began in 2015. The MPF filed a complaint to the Federal Court of Pará against the lieutenants of Army Lício Augusto Ribeiro Maciel and Sebastião Curió Rodrigues de Moura for qualified homicide and concealment of corpse committed during the Araguaia Guerrilla.
In 1973 and 1974, Curió had a direct participation in the persecution, execution and torture of PC do B guerrillas who acted between the northern Tocantins and the southeastern Pará.
Then it was sent to Serra Pelada to act during the gold fever. It became popular among the prospectors, to the point of electing federal deputy and mayor of Curionópolis, a city named after him, and leading a revolt against the government.
He died in 2022 at the age of 87. Two years earlier, it was. At the time, Secom (Secretariat of Social Communication of the Presidency) published a text in which he classified as “Heroes of Brazil” the public agents who worked against the Araguaia Guerrillas in the 1970s.
The case of Rubens Paiva, one of the dictatorship, still has no definition of the possibility of punishing the accused, after 54 years, today protected by the Amnesty Law.
Currently at the Supreme Court with thesis in the case of Araguaia. One of the resources related to the death of the former deputy was closed on January 9. The other, presented in 2021, had no decision yet.
The two processes deal with the same theme and are reported by the minister. Through the case, the Supreme Court may also review the scope of the Amnesty Law. The MPF also provoked the court in one of these actions to argue that certain crimes committed by the dictatorship cannot be amnesty.
In practice, the agency reinforces a thesis presented to the Court twice, but without judgment for over a decade. This differentiation would allow the judgment of military and civilians who were part of the repression.
The MPF understands that the historical period was not properly passed clean. Still, it argues that the Supreme can evaluate that it did not give a clear enough message in the trial that validated the Amnesty Law in 2010, and considers it important to reinforce that military should be kept far from politics.
Amnesty has not been debated by the Supreme Court since the 2010 decision to validate the terms defined in 1979 by the last president of the dictatorship, the. Agents were protected who repressed resistance and opponents who committed crimes in the exception period. Part of the debate, however, was pending.
The (Brazilian Bar Association) questioned excerpts from the decision in which the Supreme Court validated the amnesty to torturers and filed a similar request in 2014: they want not to apply the amnesty to crimes committed by public agents of the regime.
In PSOL’s action, reported by the minister, the rapporteur’s dispatches over the past six years are only on secondary issues. There has never been a decision in the process. The OAB appeal has been stopped in court for 12 years.
