Análise jurídico- social da justiça de transição sob a ótica dos direitos fundamentais.

Abstract

More than fifty years have passed from the military government establishment in april 1964, many are the circumstances that remain obscure in National history, a little is known about those responsible for the atrocities, the people in charge of the repression that used state power to consolidate the protection ideals of a threat that never existed. Under the light of the stablished values in the 1988 new constitutional order, the accountability of those who performed infringing actions must be effective, or else the injustices and the crimes that directly confronted the minimum precepts of dignity protection from those who suffered with the crimes of torture and political persecution will petrify, in addition to rescue the right to memory of all citizens. So, this work aims to analyze the justice of transition implementation in the Brazilian law through the fundamental right inserted in the Federal Constitution of 1988, protectors of the human person, with emphasis in the right to memory and to truth. In an specific way, it searches to understand the justice of transition as an expression of the social and juridical changes occurred after the dictatorial period; to assess the reflections of that justice in the accountability of those who committed abuse in that moment and the victims reparations; to consider it’s interference in the modern fundamental rights and in the respect of human dignity; and further, to compare the countries of Latin America transition initiatives, in particular Argentina, Paraguai and Chile. The research adopted in the approach the deductive method, starting from a general finding, which is the protection of rights and fundamental guarantees of the human being through the Brazilian law to arrive at the minor premise, the possibility or need of a transition justice installation able to supplement the democratic history gaps. In the procedure, were observed the historic-evolutionary method and the comparative, considering the similarities and differences in the transition justice in Latin America countries that have been through dictatorships and equivalent openings, emphasizing the mechanisms adopted, their attitude towards the transgressions and others necessary perspectives to understand the local reality. The research technique utilized was the indirect documentation, through the legislative, doctrinaire and jurisprudential analysis of the pertinent documents. Showed that the Brazilian society is passing through a period where relives the democratic ideals, not being tolerable the omission of those tragic experienced facts just over half a century. It is not about fighting for rematch or news violations, on the contrary, what is wanted is to stablish a paradigm of fights and education in human law in a way to avoid crimes like that to occur and more victims are found.