Justiça de transição à brasileira: um processo de (des)união

Abstract

The present work aims to comprehend what moves transitional justice towards the debate concerning the crimes that occurred during Brazilian Military Regime. In order to achieve the general objective it was conducted a documental case study based on the uniqueness of the scenery using wide bibliographical and jurisprudential collection evaluated through the method of content analysis. It is divided by three chapters. Chapter one studies the Brazilian Military Regime based on the actual purposed historiography, presenting the socio-political scenery in which is proven that severe human rights violations had happened. Chapter two drafts the development of transitional justice according to two approaches: global and regional, introducing some of the transitional measures adopted by the countries which took part of Operation Condor and the related Inter-American Court of Human Rights jurisprudence. Finally, chapter three analyses both Gomes Lund (Araguaia Guerrilla War) and Herzog cases as well as the National Truth Commission with its final report, combined with subsequent implications, relevance and reflexes, also considering its initial mission. Concluding, the process of transitional justice from Military Regime to Rule of Law in Brazil is incomplete and neglected by the Brazilian State; it is strictly connected to the dissemination of torture practices applied by public institutions that constitute the Brazilian repressive apparatus in addition to the structures of power maintained in force despite regime‟s end alongside a consent silence about the facts occurred during that period.