THE BRAZILIAN AMNESTY LAW AND THE INTERNATIONAL HUMAN RIGHTS

Authors

  • Leilane Serratine Grubba Atitus Educação
  • Natália Telles Correa Atitus Educação

DOI:

https://doi.org/10.21671/rdufms.v10i1.23455

Abstract

This study analyzes the main differences and overlaps between the Brazilian Amnesty Law (Law No. 6,683/79) and international human rights legislation, with an emphasis on the Inter-American Human Rights System of the Organization of American States (OAS) and the Global System of the United Nations. The objective is to understand the differences between Brazilian legislation and human rights regulations, with a view to identifying the impacts of these differences on Brazilian justice. In this way, the aim is to present the general aspects of the Amnesty Law, to understand how international human rights treaties act in institutional crises, in addition to comparing Brazilian law with international treaties on the subject. Deductive reasoning was used as a research method, which allows an analysis focused on correlating Brazilian legislation and international commitments to explain how the implementation of the Law in Brazil conflicts with international legislation. The results of the research indicate the complexity and duality of the Brazilian Amnesty Law, which is important in the historical transitional period, but which impedes justice in the country, with the accountability of agents who committed crimes against humanity and reparations to victims, their families and descendants. The Amnesty Law, analyzed constitutionally and in light of the international treaties ratified by the country, should be revised.

Author Biographies

  • Leilane Serratine Grubba, Atitus Educação

    J.S.D Law. M.Phil Law. M.phil Humanities. Associate Professor of Law, Dept. Law, ATITUS Educação, Brazil. Teaches in Law Graduation and Masters. Associate Professor of Psychology, Dept. Psychology, ATITUS Educação (2020-2023). Member of the Diplomatic Corps of Youth for Human Rights Brazil (YFHRB). Member of Women´s Commission for Passo Fundo, Brazilian Bar Association. E-mail: leilane.grubba@atitus.edu.br

  • Natália Telles Correa, Atitus Educação

    Acadêmica do Curso de Direito da Atitus. Pesquisadora do grupo Biopolítica, Gênero e Direito (Atitus/CNPq). E-mail: nataliatcorrea@hotmail.com

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Published

2026-01-09

Issue

Vol. 10 No. 1 (2024): Revista Direito UFMS

Section

Artigos

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