Anistia Política no Brasil : os indícios a as deturpações do discurso do esquecimento à luz da Teoria Discursiva do Direito e da Democracia




This work aims to demonstrate that there is a discourse of forget bound to the institution of amnesty, following the analysis of procedures involved with in legislative issues of amnesty in Brazil. The paradigm conceptions of Thomas Kuhn, concepts of Law Integrity of Ronald Dworkin, the Discursive Theory of Law and Democracy of Jurgen Habermas, and the Identity of Constitutional Person of Michel Rosenfeld were used in this analysis. It was considered the discourse deviations and the meanless arguments that amalgamates the idea of forget of facts occurred during the authoritarian Brazilian regime of 1964-1985 linked to amnesty. Considering the State of Democracy and Law, it was verified the need to unlink amnesty from the idea of impunity, of observing the international principles of human rights, of adopting compatible attitudes regarding the lack of fundamental rights, and the construction of a social memory about the time of totalitarian regime.


social memory justice of transition anistia democracy justiça de transição amnesty direito memória democracia

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