Brazil Begins to Investigate its Dark Past, But is it Too Little Too Late?ExpressO (2012)
AbstractThis article analyzes the history of Brazil, the current legal battle over its Amnesty Law, and finally compares the transitional justice process chosen in Brazil versus other South American countries. An historical background of Brazil from 1964 to the present is given to illustrate the reasons behind the methods chosen by Brazil to implement transitional justice in the country. This historical summary begins with the military’s rise to power in 1964; then discusses the harsh policies implemented by the military in order to maintain its power; the process of democratic transition; and finally the steps taken by Brazil in recent years to deal with its past abuses. An analysis and comparison of recent jurisprudence, both at the international and the domestic level, concerning Brazil’s 1979 Amnesty Law, which protects members of the military from criminal prosecution, is provided to illustrate the complexity and the divisiveness of this issue and to shed light on what the future might hold for Brazil. Lastly, different types of transitional justice mechanisms are analyzed and discussed, along with a comparison of the transitional justice methods applied by Brazil versus other South American countries.
Publication DateAugust 25, 2012
Citation InformationThomas L Thompson-Flores. "Brazil Begins to Investigate its Dark Past, But is it Too Little Too Late?" ExpressO (2012)
Available at: http://works.bepress.com/thomas_thompson_flores/2/