A of (1964-1985) walks in the (Federal Supreme Court) in three distinct cases. The tendency is for joint judgment of cases, not yet expected.
The movement is the result of the repercussion of what tells the story of the ex-deputy disappearance during the dictatorship, and the hair of January 8, 2023.
The subject was prominent this week after the advance of one of these fronts. O On Tuesday (11) to confirm the position of the minister and 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 understanding that the practice is one, since it is unsolved .
Dino was accompanied by the analysis the ministers Luis Roberto Barroso, Luiz Fux, Cármen Lúcia, Alexandre de Moraes and Edson Fachin. No other member of the Court manifested until the night of Wednesday (12).
Four general officers heard by Sheetunder reserve, they say that the review will not have real impacts because the military involved in crimes are elderly or have died. For them, the Amnesty Law was a broad agreement made by Brazilian society and the subject would be overcome.
In the view of three of them, the resumption of the discussion about the dictatorship’s amnesty law serves as a political game as opposition parties in the National Congress try to approve a bill that gives forgiveness to those involved.
The Defense Minister, said on Monday (10) that they want to “make some considerations” on the subject.
“I was one of the first who signed the creation of the commission of dead and missing. If it is to defend families, the bodies of the victims, I want to be there to help. This is fair, right, needs to do this to pacify The country. But if it is to do politics, we will encourage only the revanchism that we live in this country, “Mucio said in an interview with the program.
The main process in the Supreme on the revision of the Amnesty Law is an action of non -compliance with a fundamental precept opened by PSOL in 2014. The rapporteur is Minister Dias Toffoli.
The party asks the Amnesty Law not to apply to the crimes of serious human rights violations, committed by civil or military public agents, or the perpetrators of continued or permanent crimes.
The action was based on a sentence of the Inter -American Court of Human Rights against Brazil. According to the conviction, the Brazilian Amnesty Law prevents the “investigation and sanction of serious human rights violations” in the context of.
“[As disposições da Lei da Anistia] They cannot continue to represent an obstacle to the investigation of the facts of the present case, nor for the identification and punishment of those responsible, “says the sentence.
The Supreme was against changes in the amnesty of the military dictatorship in 2010, in a trial of action presented by the Brazilian Bar Association (OAB). The result was 7-2 – of the current composition of the Supreme Court, only voted Gilmar Mendes and Cármen Lúcia, both favorable to maintain the amnesty law.
On another front, the Supreme analyzes an appeal from the MPF (Federal Prosecutor) against military military accused of qualified homicide and concealment of corpse committed during the Araguaia guerrilla.
In the prosecutor’s view, corpse concealment is a permanent crime, as it is still committed until the body is found, and therefore should not benefit from the amnesty of the dictatorship.
This case is what is rapporteur Minister Flávio Dino, who now had a majority formed in the court. He says it is not a revision of the Amnesty Law, but a peculiarity. “Now, who hides and keeps something hidden something, 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,” he argues.
The case reported by Dino, – instruction by which the Supreme defines a thesis that is valid for all similar cases in the judiciary.
The last process in the Supreme is an appeal presented by the MPF against the military involved in the disappearance of Rubens Paiva. The rapporteur is Minister Alexandre de Moraes.
The president of the Supreme Court, Luís Roberto Barroso, evaluates to continue the proceedings and promote a joint judgment of the three actions. This scenario is considered ideal by consolidating all discussions at a single moment in the plenary, avoiding the resumption of newly deprived topics.
This is the same strategy used by Barroso for the judgment of the Internet Civil Marco. The plenary analyzed a set of actions on the subject until the request for views (longer for analysis) of Minister André Mendonça.
In this scenario, there is expectation in the Supreme on the possibility of holding public hearings to discuss the issue in the context of PSOL’s action, reported by Toffoli, which is the broadest on the law of amnesty.
If the plan does not advance, the other alternative would be to judge first the appeal reported by Minister Flávio Dino. Thus, the Supreme would close the controversy over the concealment of corpses, but would soon have to focus on the PSOL’s action and reevaluate other points on the amnesty law.
