A justiça de transição no contexto latino-americano: suas características, fundamentos e uma comparação entre Brasil e Argentina

Abstract

This paper proposes a discussion on how it can be given to the issue of accountability in relation to the massive human rights violations committed during times of repression, considering the case of the Brazilian edition of the Law No. 6683. To this end, we present the concept of transitional justice and its appearance, which is accompanied by the statement of the international protection of human rights. This process is divided into three distinct phases, related to the end of World War II and the establishment of the Nuremberg and Tokyo Tribunals, the wave of democratization in some countries with the end of the Cold War and the creation of international tribunals and the ICC. As a way of realization of transitional justice, presents the Chicago Principles, guidelines to be followed by states in democratic transition, suggesting approaches of different nature in relation to human rights violations. In support of transitional justice, highlighting the issue of accountability, the devices are brought on the present subject standards and treaties, emphasizing the inter-American Human Rights. Breaks, then the presentation of the Argentine example in the realization of transitional justice in the aspect of the declaration of unconstitutionality of their amnesty laws as a means of reflection for the Brazilian case. Combining the previous elements, it presents the situation of Brazilian the realization of transitional justice, with the trial of ADPF 153 and the condemnation of State for Inter-American Court of Human Rights.