Toffoli wants to debate review of the Amnesty Law – 02/15/2024 – Mônica Bergamo

The minister of the STF (Supreme Federal Court) Dias Toffoli signaled that he is willing to start, later this year, the public hearing that should discuss the review of the Amnesty Law.

The consideration was made by the judge in a meeting with representatives of the Vladimir Herzog Institute, an entity named after the journalist murdered by the military dictatorship (1964-1985) and defends that the rule be revised.

Enacted in 1979, the Amnesty Law pardoned those who “committed political or related crimes” between 1961 and 1979. As a result, it allowed the return of several opponents who were in exile abroad, but left violations committed by the repressive arm of the regime unpunished.

The debate on the rule will now take place within the scope of an ADPF (Argument of Non-Compliance with a Fundamental Precept) presented by PSOL in 2014 and which began to be reported by Toffoli in 2021.

In it, the party calls for the annulment of the amnesty for public, military or civilian agents who committed “serious human rights violations” against people accused of committing a political crime.

In 2019, the then Attorney General of the Republic, Raquel Dodge, even asked for the process to be processed as a priority, highlighting that the “presumed perpetrators of such serious human rights violations” could never be tried due to their advanced age and the possibility of death.

Participating in the meeting with Toffoli were the lawyer Belisário dos Santos Jr., who was São Paulo’s Secretary of Justice and defended defendants of the dictatorship, the executive director of the Vladimir Herzog Institute, Rogério Sottili, and the lawyer Bianca dos Santos Waks, who represents the entity in ADPF.

The meeting took place last week, in Brasília, and lasted around an hour, according to its participants.

Even though there is only an expectation, Toffoli’s announcement was received as a victory by the Vladimir Herzog Institute, which defends the revision of the law as a form of reparation for the families of those arrested, killed and disappeared during the dictatorship.

“It’s not just about looking at the past, but, above all, about moving once and for all towards a truly dignified and fair future for all those who fought for democracy and for those who fight and will continue to fight”, says Sottili .

The Amnesty Law was approved in 1979, reaffirmed by Congress after redemocratization and confirmed by the STF in 2010. At the time, the court understood that the norm was “bilateral” and the result of a political agreement resulting from a “broad debate” held by the Brazilian society.

Months after the judgment by the Supreme Court, the Inter-American Court of Human Rights (IACHR) ordered Brazil to “make every effort to determine the whereabouts of the missing victims and, if applicable, identify and hand over the remains to their families.”

The decision also stated that no domestic amnesty law could override international law, and that Brazil should investigate the serious human rights violations committed by the State during the period.

In 2014, the final report of the National Truth Commission called for a review of the standard. The document identified 377 people as responsible for murders and torture, in addition to listing 210 missing and 191 dead during the period.

_{with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH}

LINK PRESENT: Did you like this text? Subscribers can access five free accesses from any link per day. Just click the blue F below.