The Amnesty Commission surrenders to the government and disregards the law.
Under political pressure, the commission adopts illegal criteria, reduces compensation, and transforms reparations into historical erasure.
The Amnesty Commission has been behaving like a government commission, not a state commission.
He is following guidelines and limits sent offline by government members, all discreetly, so as not to create any noise.
Those granted amnesty who waited more than 20 years are receiving a "hush money" payment, under the argument that this is preferable to nothing.
The state delays payments for 20, 25 years and then doesn't want to bear the cost of that delay. Think of an engineer who was harmed during the dictatorship, waited more than two decades to be compensated, and in the end is forced to accept a payment of R$ 2 in continuous monthly compensation, even when the law says it should be based on the benchmark or average salary of a profession.
Certainly, an engineer with more than three decades of experience earns at least R$10 per month.
They also limit back payments and retroactive payments, which cannot reach R$ 1 million — back payments that are entirely the State's fault.
The members of the Commission say that "the path is justice".
Yes, we know that the path is through the courts, and it's worth noting that the Federal Courts have been processing all applications quickly. However, this shouldn't be the answer! This answer implies that the law is being circumvented.
"The Amnesty Commission finalized 97% of the 80.357 requests received from victims (or their family members) of torture, murder, exile, rape, and dismissal that occurred during the dictatorship. The requests were made between 2001 and 2024. According to the Ministry of Human Rights, as of December 31, 2024, 39.984 requests were granted and another 31.669 were denied – in this case, due to lack of documentation, lack of proof of political motivation in the act of dismissal or termination, a period different from that stipulated in the legislation, among other reasons." (Source: O Globo, April 13, 2025)
The touted productivity rate of 97% in analyzed processes stems from the fact that the Commission, unfortunately, is operating, under government advice, on a path of dismantling.
The forced standardization of values constitutes a direct affront to Article 8 of the Transitional Constitutional Provisions Act and Law 10.559/2002, which guarantee full reparation based on the career progression of the amnestied individual, thus rendering this stance and the haste unconstitutional.
The high productivity of the processes analyzed, therefore, is nothing more than the end result of a pipeline of concessions that are below the law.
I would like to point out here, as I did in my article called "Pragmatism against the law" (April 25, 2025), that the Amnesty Commission was deliberately suffocated: its staff, which once had more than one hundred employees, was reduced to "twenty-something," in the words of the president herself in a live broadcast on the Pororoca channel.
This budgetary constraint fuels the illegal standardization of prices.
The current Commission is subservient to a government that dislikes dwelling on the past and opts for erasure. It is accepting the most treacherous form of blackmail.
The Commission's subordination to the current government transforms it into a mere manager of an insufficient budget, while we are forced to see millions of dollars in parliamentary amendments with zero transparency and monthly fees of over R$ 30 for state-owned company board members.
The CA still has a representative from the Ministry of Defense on its board, who has nothing to do with the matter, unless he were to open the files.
The Commission should be primarily composed of professionals from the fields of law, legal studies, and research.
And what do we do? I know we're quite old, taking care of our biographies, but I believe that we still have the energy to combat the distortions of the Commission.
Furthermore, the Ministry of Management and Budget is slow to include newly pardoned individuals in the system, delaying their inclusion in the payment system for six months or more, and when they are finally included, there is no monetary correction, not even for the months that were delayed.
The decision to defraud those granted amnesty is not due to a lack of money, but to a hierarchy of priorities that favors the politics of erasure over the duty of memory and reparation.
It seems the government is ashamed of those who gave their youth to fight against the military dictatorship. Or is it some kind of deal with the Armed Forces, our tormentors in the past?
If the Amnesty Commission were a state commission, it would neither receive nor act upon government parameters, as it would only follow the laws, such as Article 8 of the transitional provisions of the Constitution and the Law of Political Amnesty.
* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.
