Democracia e Estado de Direito nas transições políticas: críticas aos modelos de justiça de transição e uma análise do caso brasileiro

Abstract

In addition to the elements that integrate the framework of democratization processes, this work addresses the existing set of measures to deal with problems arising from the periods of political transition, based on the critical analysis of the models used in the course of the transitional justice genealogy. In the part devoted to the critique of the negotiated transitional model, we note that, during the second phase of the genealogy, the studies on transitional processes adopted a procedural and elitist notion of democracy as their evaluation parameter. On the other hand, in the critique to the models of first and third stages, we observe an overemphasis in a retributive transitional justice model, which is regarded as ideal. Finally, we applied the partial theoretical conclusions to a case study, focusing on the transitional justice mechanisms managed in Brazil.