BRAZIALIAN’S TRANSITIONAL JUSTICE BASES: NA APPROACH TO HISTORICAL ASPECT OF IMPUNITY, VIOLENCE AND EXPLOITATION

Abstract

The article aims to bring to the debate the influence of the main historical aspects of violence and exploitation over the Transitional Justice model adopted in Brazil, which exempted human rights violators from criminal liability. During the 1960s and 1970s, in the context of the Cold War, there were several coups d'état in Latin American countries, including Brazil. With the end of the civil-military dictatorship, the country prioritized the realization of the right to reparation and little or no progress with regard to the accountability of the agents of the military regime of 1964. In view of this situation, it was asked: “What reasons guided the Brazil's decision to adopt a Transitional Justice removed from criminal liability, even in the face of serious human rights violations? ” The international protection of the person is in the most diverse documents signed by Brazil. However, the Amnesty Law is incompatible with the international protection of the person because, by moving away from the criminal liability of the agents, it creates disrespect and devaluation of human rights for the victims and for society. The methodology proposed in this article seeks to correlate historical facts with the absence of criminal responsibility, as a way of warning about the need to build a culture of respect and strengthening human rights by the public security forces of the Democratic State under Brazilian law.