As soon as the former president (PT) was amnesty by the Amnesty Commission of the Ministry of Human Rights on Thursday, 22, the Federal Government oppositionists went to social networks to show indignation with an alleged asymmetry between the decision and the political forgiveness that former President Jair Bolsonaro (PL) requests to him and those convicted by January 8.
The comparison, although without nominally citing the former president, was also made during the board’s session. “The Amnesty of 1988 is an instrument of democratic reconstruction and recognition of political suffering as state violence. It can never be confused with impunity and authoritarian conspiracies against the democratic regime,” said counselor Rodrigo Lentz, rapporteur of the case.
Amnesty is a legal provision provided for in the Brazilian Penal Code that grants forgiveness for crime or misdemeanor. It is the so -called punishment extinction, and it is always collective.
The Amnesty Law, sanctioned in 1979 and included in the 1988 Constitution, forgiven all political crimes or connected to them, committed between September 2, 1961 and August 15, 1979. This means that all who had their political rights suspended and have so far punished by the institutional acts of the military dictatorship (1964-85) were free. But it also made it possible for military personnel responsible for human rights violations to be punished.
“The amnesty was justified by the antidemocratic regime then in force, a scenario completely different from the one that was in force in 2022 and 2023, when the possible crimes currently tried by the Supreme Court would have been committed,” analyzes the Doctor of Law and Specialist in Administrative and Public Law Arthur Rollo.
Regarding the moment of the decision, despite more than 20 years after being requested by Dilma, Rollo considers that it was not the most appropriate, precisely due to the clash of the pockets who try to one.
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In Dilma’s case, the former president was amnesty as all other political prisoners as soon as the law was sanctioned. Now she has obtained one, prisons, psychological violence and physical torture suffered during the dictatorship. In addition to symbolism, she was also compensated at $ 100,000.
Already Bolsonaro wants those involved in the breaking of January 8, 2023 to be forgiven. At the time, thousands of their followers invaded and depredated the buildings of the three powers in Brasilia with the intention that the leader, defeated at the polls months earlier, assumed the presidency without mandate.
While Dilma and the other prisoners fought the military for democracy to be installed again, the invaders of Brasilia wanted the democratic result of the ballot box not to be respected.
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According to the Federal Police (PF) and the Attorney General’s Office (PGR), the acts of depredation of January 2023 were part of an attempt to coup articulated by the former president and allies. To date, 31 defendants respond to the criminal action for the alleged coup plot in the Supreme Federal Court (STF).
