Estado democratico e politicas de reparação no Brasil : tortura, desaparecimentos e mortes no regime militar

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

"Democratic State and policies of reparation in the Brazil: tortures, deaths and disappearances during the military regime" is a political-juridical study of the boundaries defined by the State of Law regarding this subject. As a reflex of the distinction that the subject related to human rights presents both nation and international-wide, in 1995, FHC government had the initiative of elaborating a law (Law n° 9140/95) that recognized, as dead, people that used to be considered as "disappeared", gave their certificates of bath and gave indemnities to their relatives. Following up, other legal mechanisms came next, concerning in indemnifying the ones who had been politically persecuted, in creating mechanisms for searching the bones of the guerrilla fighters of the region of Araguaia and in giving pecuniary reparations to the ones who were victims of torture. However, ali this laws, which are object of the present analysis, remind to the interpretation conferred to amnesty in 1979. As a result of the transition process installed at the end of the military government, the political amnesty barred the possibility of proceeding investigations on the deaths and disappearances and prevented that people directly involved in handling the repressive machine had their names pointed out. This study, thus, focuses on the policy of reparation implemented by FHC government as a result of the way it was verified the democratic transition in Brazil, seeking the comprehension of the limits defined by the Democratic State to the question, as well as the position the Armed Forces and the civil groups adopted regarding the subject

ASSUNTO(S)

tortura - brasil responsabilidade do estado ditadura - brasil prisioneiros politicos - brasil

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