The Minister (Human Rights) reversed decisions on compensation for children of those persecuted by the military dictatorship, ratifying government orders.
The Panel analyzed this year’s decisions by the collegiate, created to advise the Ministry of Human Rights on amnesty requests made by those who suffered some type of politically motivated harassment between 1946 and 1988. The approvals were compared with the ordinances published in the Official Gazette, the formal act of granting amnesty.
At least 12 requests granted or partially granted by the Amnesty Commission were later reversed by Minister Macaé.
The majority concern children who claimed amnesty and compensation for injuries suffered in childhood. The thesis is called reflex persecution and was accepted several times in the collegiate. The ministry, however, has rejected the appeals on the grounds that the cases do not fall under the law that deals with political amnesties.
Questioned by the Panel about the cases, Minister Macaé Evaristo replied that the decision is made when there is not sufficient evidence of political persecution or legal framework.
The minister states that the commission is the main advisory body in cases, but that it also considers the opinions of the Special Advisory for the Defense of Democracy, Memory and Truth and the department’s legal advisors.
“In the cases mentioned, based on the subsidies presented by the advisors, the minister concluded that the applicants do not fit the criteria established by law nº 10,559/2002”, he says, in a note.
She states that those who had their request denied can appeal the decision, presenting “new evidence and allegations that eventually modify the understanding adopted.”
President of the Amnesty Commission, states that he wants to talk to the minister about the thesis of reflex persecution, constructed by the council, and that he understands that persecution is transgenerational.
“These new theses always have a certain strangeness at first. But I have hope and certainty of the minister’s sensitivity that, so when we talk and show the plausibility of the law, it is possible that she will really follow the advice [nos deferimentos]”, it says.
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