O instituto da anistia como mecanismo da justiça de transição: contornos e limites para a sua aplicação

Abstract

The amnesty Institute in the specific context of transitional justice is the main issue of the paper. To understand the relationship established between both the paper deals with the concept of the emergence and development of this justice. From this situation the treatment for amnesty is investigated. The internationalization of human rights protection is fundamental to understand the changes in the acceptance of the institute as part of transition processes. Thus, the state clemency institute will be studied at first from a theoretical aspect. At this point, a brief history will be traced, as well as its concept, classification and objectives. Then, the institute will be investigated under the Inter-American Court of Human Rights, through the cases: Barrios Altos vs. Peru, Almonacid Arellano and others vs. Chile and Gomes Lund and others vs. Brazil. From these cases it will be checked the parameters used by the Court to judge void the amnesty laws granted in those countries. These julgements will allow to understand the changes and limits this act of clemency can take before the international context of state accountability for international wrongs and accountability of individuals for international crimes. Finally, the critical limits will be investigated and presented for the amnesty to assist the promotion of lasting peace and national reconciliation. To this purpose it will be analyzed the objective and subjective aspects of the granting of the touchstone and its implementation tool.