Lei de Anistia e Justiça de Transição:: a releitura da ADPF 153 sob o viés argumentativo e principiológico
The main objective of this work was to analyze the Votes of the Ministers of the Brazilian Supreme Court in the case entitled �Arguição de Descumprimento de Preceito Fundamental 153� (ADPF 153). The constitutional issue presented in the ADPF 153 dealt with the interpretation of the first paragraph o...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade Federal de Santa Catarina (UFSC)
2012
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4058808 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 33, Nº. 64, 2012, pags. 131-160 |
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| Summary: |
The main objective of this work
was to analyze the Votes of the Ministers of
the Brazilian Supreme Court in the case entitled
�Arguição de Descumprimento de Preceito
Fundamental 153� (ADPF 153). The constitutional
issue presented in the ADPF 153 dealt
with the interpretation of the first paragraph of
the first article of the Brazilian Amnesty Law
(Law number 6.683, from 1979). According
to this paragraph, crimes of any nature, related
with political crimes, or motivated by political
intentions, could be amnestied. From the examination
of the Votes of the Ministers, it can be
said that they are consistent and coherent and
therefore achieve the basic requisites of impersonality
and rationality. Nevertheless, there seems
to be an incongruence between the decision
that was taken in the case of the ADPF 153, and
the principles and values promoted in the Rule
of Law. Hence, we conclude that this decision
can�t be considered the most adequate, concerning
the context in which it was taken |
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