Amnesty: 46 years of a law with a cunning interpretation.
The 1979 Amnesty Law needs to be reinterpreted to correct the historical omission of justice and to repair the damage done to the victims of the atrocities of the dictatorship.
Tired of being silenced, the voices, once silent, took up the fight. The nation's cry was stronger, and the dictatorship yielded.
On August 28, 1979, Law 6683 was enacted.
It wasn't the broad, general, and unrestricted amnesty that civil society wanted, but it was the one that brought back our Brazilian brothers and sisters who had been banished from their homeland.
A law passed under precarious conditions, for the obvious reason that one side had the rifles and the other was in their sights; when Congress was composed of "bionic" senators; the scissors of censorship remained sharp, bombs planted in barracks and even placed in newsstands maintained the climate of terrorism.
The Amnesty Law obligated the Union to provide reparations to all those who suffered professional harm. However, it did not differentiate the suffering of those who, regardless of professional harm, endured the regime's abuses. The law does not compensate for time spent in prison, torture, humiliation, abuse, and lasting consequences, but only for professional damage.
With STJ ruling 647, dated 12/3/21, it was established that crimes committed by the dictatorship are not subject to any statute of limitations.
The dictatorial state kidnapped, imprisoned, raped, tortured, judged, condemned, banished, killed, and disappeared Brazilians who rebelled – it was state terrorism.
It is essential to go beyond the humanitarian tragedy of the victims.
Bolsonaro, a self-confessed terrorist who flaunted his expertise in constructing explosive devices – detailing time bomb techniques – now dares to ask for amnesty.
This same criminal, who was part of hardline terrorist cells, who honored one of the planners of the Riocentro bombing with a wreath inscribed "In the name of democracy," who praised the 1964 coup as a "revolution," now seeks refuge in the same legislation that attempted to silence the crimes of the dictatorship.
To plead for amnesty for their crimes is a mockery of the history of torture victims.
It was with the Amnesty Law of the dictatorship that the path towards the application of transitional justice began to stray. It needs to be reinterpreted!
We do not accept the argument that there was a pact. We did not give power of attorney to anyone; it is a law that is the product of a specific situation, in which the dictatorship was still in power, with bayonets still at the ready.
The misinterpretation of the concept of related crimes is an insult to the knowledge of every law student. There is no connection between the victim and the criminal.
Furthermore, wouldn't they be covered by the Constitution, which considers torture an imprescriptible crime? Even if we admitted such an anomaly, we would find the 2nd paragraph (Excepted from the benefits of amnesty are those who were convicted of the crimes of terrorism, robbery, kidnapping and personal assault).
Now, if it's reciprocal, the agents of the dictatorship committed kidnapping, terrorism, and personal attacks. They weren't convicted because they weren't tried, but the evidence is irrefutable.
Maintaining the outdated interpretation of the Amnesty Law is to perpetuate the country's enslavement to that situation.
We advocate for the creation of a Permanent State Commission for Memory, Reparation, and Reforms, encompassing all traumatic periods in Brazil – slavery, dictatorships, and the Bolsonaro genocide.
In stark contrast to the amnesty for historical reparation, Bolsonaro's delusions advocate a preventive amnesty for the extinction of memory, an advance pardon for their own criminal acts.
Amnesty is not a tool for erasure!
The 1979 amnesty was the beginning of the recognition of the abuses committed against opponents of the regime.
It wasn't about forgiving and forgetting, on the contrary, it was about always remembering.
Future generations are the guarantors of democracy. Knowing that past well means entrusting the continuation of that memory to our children and grandchildren.
The Amnesty Commission finalized 97% of the 80.357 requests received. This rushed process was ordered by the government, which does not want to dwell on the past.
The order was to end the Commission's activities in 2026.
To that end, they arbitrarily limited the monthly compensation payments to R$ 2.000,00, thus circumventing Article 8 of the Transitional Provisions of the Constitution.
In addition to blatantly violating the Constitution, these decisions were justified as being beneficial.
It's a sophism, a rip-off! Elderly victims, after decades of waiting, are cruelly forced to accept immediate crumbs or fight in court for two to three years, with no guarantee of survival.
The government's strategy is to close all cases by 2026, regardless of the quality of the analyses, even if it goes against the law. This is an effort to "turn the page" on the dictatorship without addressing its wounds.
Are we a hindrance to Lula? Or did he have to give in to the military again?
The Commission's atrophy reflects a project of historical erasure. By denying reparations as required by law, the State fails the victims.
The current Commissions, Amnesty and CEMDP, being state bodies, are autonomous and should not be subordinate to the government.
Lacking resources, these committees are forced to beg for amendments from parliamentarians.
Memory is a compass!
Dare to fight, dare to win, always!
* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.
