The minister of the (Supreme Federal Court) voted this Friday (13) so that the Amnesty Law does not apply to crimes of a permanent nature, such as concealment of a corpse and kidnapping, committed in .
The trial began in the court’s virtual plenary session this Friday and was suspended after a request for review (more time for analysis) presented by the minister. In this modality, the judges just cast their votes and there is no discussion.
The analysis would extend until February 24th. Now, Moraes will have 90 working days to present his vote.
In his vote, the case’s rapporteur, Flávio Dino, argued that the Amnesty Law can only affect crimes committed before its entry into force. The legislation covers crimes that occurred from 1961 to 1979.
According to the minister, “claiming otherwise is equivalent to admitting that the legislator would have instituted prospective state clemency, as if it were legally possible to grant early pardon for crimes still in progress.”
The trial evaluates a complaint from the Federal Public Ministry in Pará against the lieutenant colonels of the Lício Augusto Ribeiro Maciel Army and accused of murder and hiding a corpse during the Araguaia guerrilla (1972-1974).
A ruling by the TRF-1 (Federal Regional Court of the 1st Region) allowed them to be amnestied.
As it has general repercussions, the court’s interpretation must be followed by other instances of the Judiciary in similar cases.
