Lei de anistia e justiça de transição: uma análise à luz do direito internacional público e do direito constitucional

Abstract

This study aims to analyze the legitimacy of the traditional interpretation given to the Amnesty Law - Law 6.683 / 79 - before the international scene and its constitutionality before the Federal Constitution of 1988. It is understood that not only was granted amnesty to opponents of the military regime as also to those responsible for repression of these. There will be a comparative study in order to comprehend international understanding - especially of Interamerican Court of Human Rights - concerning amnesties policies granted after military regimes in Latin America and their suitability or not to the prevailing understanding in the Brazilian scenario. The notions of crimes against humanity will be addressed, cogent principles of International Law and Transitional Justice and also the decision of the Supreme Court which sought to end discussions about the validity of our law. Finally, remain demonstrated that it is necessary to promote an hermeneutics suitability to the scope of the amnesty granted in 1979.