Entre a transição e a justiça de transição: os direitos humanos no processo da redemocratização brasileira

• Autor(a) principal: Leal, Germana da Silva
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/6334
• topic: Direitos humanos; Justiça de transição; Transição política; Democratização; Human rights; Transitional justice; Political transition; Democratization; DIREITO PUBLICO::DIREITO CONSTITUCIONAL

This dissertation aims to study what approach given to human rights in the country's democratization process and how it reflected on the agenda of justice Brazilian transition. It is, therefore, the debates in the Constituent National Assembly of 1987-1988, in order to verify that the guidelines privileged in human rights protection harvest, the contexts to which they were associated and in which optical protection were conducted. The research assumption is that reading about these rights as gestated in the Constituent Assembly, had influence in dealing with transitional measures may provide or no idea of justice turned to the period of political transition. The transitional justice is therefore seen as the set of actions necessary to periods of change between regimes, through which it seeks to obtain responses from the States with regard to addressing the crimes committed by its agents in human rights violations sets. Admits that list the dimensions of memory, truth and justice, considered mandatory to the concretion of the transitional measures and evokes the need for a different understanding of that proposed by the procedural justice in the treatment of the victim. This study raises questions about how the conservative character incident about not addressing the issues related to transitional justice in the country at the time of political and democratic transition led to the delay of this discussion, its incompleteness and maintenance of various authoritarian structures within the state democratic Brazilian law. The research findings indicate that, while if all advances in the field of study of human rights portrayed in the 1988 Constitution itself, the transitional justice issue did not get the same dealings and is not therefore considered specifically in this set of rules. Despite what has been achieved, still follows incomplete and inert in view of the non-continuation of the transitional process.