The report National Truth Commission in Brazil determined the responsibility of 377 people in the violation human rights during the dictatorship is immersed in a context of ambiguity, because despite the advances in terms of truth, still the impunity of those accused by the amnesty ratified by Supreme Court he said Paulo Abrao brand secretary IPPDH Mercosur.
"the delivery of the report of the Truth Commission, last December, is immersed in a context of ambiguity in our trasicional justice," he said Abrao to Telam , assuming today the position in Public policy Institute on Human Rights of the Mercosur (IPPDH) regional body to coordinate public policies on human rights throughout the region.
Abrao joined the Amnesty Commission of the Brazilian State promotes repair processes and memory for the victims of the dictatorship that lasted from 1964 to 1985, joined the group that created the National Truth Commission (CNV) and served as Attorney General Brazil.
for him, the situation in which disclosed the final report of the CNV "is characteristic of the trasicional justice, which is advanced in terms of repair in the search for truth and processes increases in public policy from memory, but where he never impunity of perpetrators agents crimes are questions as if that would represent an untouchable, historic agreement, an untouchable past. "
the report submitted by president Dilma Rousseff last December 10 in 4,500 pages detailing thousands of cases of torture and persecution and cited as responsible for 377 agents of the dictatorship, of which about 0 are still alive. The defendants, however, may not be criminally prosecuted because of the amnesty law issued in 1979 by the regime itself, which upheld repressors and guerrillas and whose constitutionality was upheld four years ago by the Supreme Court of that country.
in the same presentation of that document, Rousseff, a former political detainee and victim of state terrorism, received the document and held that "Brazil receives truth" but also mentioned "the sacrifices" demanded that road to democracy making indirect Amnesty Law reference and key in terms of repair and democratic transition function.
"Just as we respect and honor all those who fought for democracy, to all those who fell on that struggle facing illegal truculence of the state, we also recognize and honor the political pacts that led us to re-democratization, "he said at that time.
Along these lines, the central idea is disputed, said Abrao, it is if Brazil internalize or not the legal principles of international order, as the rulings of the Inter-American Court of Human Rights (CIDH) or other international treaties that are signatories from past decades and establish "that the standards of crimes against humanity are indescribable "and therefore can not be subject to amnesty.
" that's a political dispute but today is processed within the judicial system. Whether or not advance in that, in that realization of justice for victims is something that depends on the capacity of social mobilization that the dissemination of the report of the Commission of Truth somehow generated, because in its recommendations the importance was marked to overcome all obstacles to the protection of victims, and stated that these crimes were committed in a systematic way, constitute crimes against humanity, "said the specialist.
to Abrao, criminal punishment for responsible already identified by the report may occur in the future but this will depend on the convergence between the two aspects. social mobility and political decision
"the Brazilian political dynamics necessarily depends on stimuli that come from the outside, so it is necessary to remain on the agenda the transition still pending as a strategic axis of social mobilization other important stakeholders "
also mentioned." "in this process that can weigh the path of justice:" within the prosecution Brazilian court are you presenting proposals to counter the Amnesty Law in some cases because they believe that Brazil has the obligation to implement the jurisprudence of the Inter-American Court of Human Rights, "he said.