On May 15, 2025 they are 11 years old that it sleeps in the drawers of ministers of the Supreme Court ().
The action filed in 2014 by PSOL asks it to acquit public, military and civil agents of crimes considered politicians committed during (1964-1985).
In 2010, the Supreme Court had judged another ADPF (153) on the subject and reiterated the validity of the Amnesty Law for public agents. Shortly thereafter, still in 2010, Brazil was convicted by the Inter -American Court of (IACHR) for not based on amnesty law.
The decision of the International Court, which supported the PSOL ADPF proposal, points out that the provisions of the Amnesty Law are incompatible with the American Convention on Human Rights.
According to the sentence, Brazil is breaking international obligations that treat these crimes as imprescriptible and not subject to forgiveness. In the same year that the National Truth Commission presented its final report, ADPF 320 was filed.
But the theme even won Walter Salles, who tells the story of the former deputy disappearance during the dictatorship and picked up an Oscar and a Golden Globe.
“My father’s torturer is still alive, living in Botafogo and receiving retirement. Of the six accused, three have died, two still live,” said writer Marcelo Rubens Paiva, author of, during a debate last month.
Complete the scenario favorable to the debate of the subject to the attacks of January 8, 2023, the involvement of military in the coup plot and the.
They dealt with linked cases and gained general repercussion. That is, when judged, the thesis of the decision must be followed by the other instances of the judiciary.
Fachin welcomed two resources from the Federal Prosecutor’s Office (MPF) that discuss the responsibility of state agents for alleged crimes committed in the period.
Already Dino dealt with. According to the minister, why they extend in time, and the law is restricted to acts committed until 1979.
Finally, Moraes gave status of general repercussion committed from.
The cases will still be judged by the Collegiate of Ministers.
“My hypothesis is that the absence of judgment of ADPF 320 for so long has made others through the general repercussion given to these appeals,” says lawyer Eloísa Machado, professor at the Getúlio Vargas Foundation (FGV) and researcher about the Supreme.
“This year 2025 has been a year of revolution of the subject in the Supreme Court and there seems to be a strong possibility of revision of the Amnesty Law,” he adds.
The ADPF 320 was stopped for seven years in the office of Minister Luiz Fux to, since 2021, have been stopped at Minister Dias Toffoli’s office.
Over the years, MPF prosecutors and human rights organizations who had meetings with the ministers say they both confirmed the importance of the subject and said they would put the matter on the court’s agenda. Nothing happened.
Wanted, Fux and Dias Toffoli did not answer the reports of the report until the conclusion of this text.
Fux already had as decoration of his cabinet the Peacemaker Medal, an honor he received from the Brazilian Army in 2013 and was already granted to the former president and the military renovated lieutenant colonel involved in the Araguaia Guerrilla, one of the most violent episodes of repression.
Dias Toffoli, in 2018, said “I refer to the 1964 movement,” he said.
In addition, the minister invited the presidency of the Supreme as an appointment of the then army commander, General Eduardo Villas Bôas.
“Minister Dias Toffoli pledged to promote a debate on ADPF 320 in the second half of 2024 through public hearings. But at the end of last year, we sent a letter to him with questions about it and have no answer,” says Rogério Sottili, executive director of the Vladimir Herzog Institute (IVH).
According to Sottili, in these almost 50 years after the Amnesty Law, many people worked for the responsibility of the crimes of the dictatorship. “But it never advanced as much as in 2025. There has never been such a favorable environment for the revision of the Amnesty Law.”
“For the first time in the history of Brazil there are generals arrested for involvement in plots of destabilization of Brazilian democracy, including through the murder of the president, the vice-president and an STF minister,” says the executive director of IVH, an organization that is amicus curiae at ADPF 320.
For Eugenia Gonzaga, prosecutor and president of the Special Commission on Political Dead and Missing, 8 January may be to Brazil just as the Falkland War is to Argentina, that is, it can demoralize the Armed Forces in order to make a transitional justice process possible.
But she warns that without the reinterpretation of the Amnesty Law proposed by ADPF 320, the country is in danger of setback. “If the law only does not apply to the so -called all other crimes committed during the dictatorship would remain amnesty,” he explains.
An example, he says ,. “The process in which he is a victim involves three crimes: procedural fraud, gang formation and corpse concealment. If they make this cut, there will only be punishment for the concealment of the corpse, which is the slightest penalty of the three crimes,” he notes.
“Nowadays, we are not concerned about the penalty because impunity has already happened. But recognizing all kinds of crimes committed by public agents during the dictatorship is a pedagogical decision.”
