A inconvencionalidade da Lei de Anistia Brasileira à luz do sistema interamericano de direitos humanos

Abstract

The purpose of this monograph is to promote the debate about the conventionality of brazilian law n. 6.683/79 (amnesty law) having the Inter-American System of Human Rights as a parameter. Initially, a brief conceptualization is made about transitional justice in the world and in the brazilian case, in which historical facts of the military dictatorial period from 1964 to 1985 are briefly reported. Having specified the actions taken in favor of local transitional justice, with focus on the Amnesty Law and its enactment, especially with regard to the concept of “related crimes”, responsible for the extension of this benefit to the military and its supporters and which is the main obstacle to their criminal accountability. In this context, an analysis is made of ADPF 153 and the cases Gomes Lund vs. Brazil and Vladimir Herzog vs. Brazil, tried by the Inter-American Court of Human Rights. Regarding the cases judged by the Inter-American Court of Human Rights, the goal is to begin to understand the hierarchical position of international treaties and conventions in the Brazilian legal system and conceptualize crimes against humanity and jus cogens norms. Making a parallel between the aforementioned judgments and the concepts demonstrated, especially based on the American Convention on Human Rights and the issues raised in ADPF 320, is established the thesis that the amnesty law is unconventional and, therefore, should not persist producing effects on brazilian national legal system. Therefore, should no longer being an obstacle to the criminal accountability of human rights violators at the time.