The amnesty and the role of forgiveness and forgetfulness

Abstract

The amnesty is a legal institution of Brazilian Penal Code that leads to the extinction of criminality. It can be used as a political tool, since it extinguishes the act’s criminality. In Brazil, on August 28, 1979, was enacted Law No. 6.683/1979, known as the Amnesty Law. This legislation intended to guarantee the return of peace, necessary for the democratization in the country after years of dictatorial rule. Consequently, were pardoned all those involved in political crimes or related. In it’s 30 Anniversary, several questions were raised about its effects in social work, culminating with the filing of Allegation of Breach of Fundamental Precept (ADPF) #153 by Brazilian Bar Association Brazil (OAB), in order to review the law and redefine the concept of "political crime”. The recent trial occurred in the Supreme Court and brought up the debate about the necessity of remembering or forgetting the object of the amnesty, extending the analysis of its importance and its consequences beyond the legal scope. Elements that involve both legal and social aspects - in terms of collective memory – shall be reunited, in order to enable the analysis of the Supreme Court’s decision. The methodology adopted includes the study of law related to amnesty and legal analysis of this institute and its history in Brazil, as well as the facts raised by agencies involved in the trial; forgiveness and forgetfulness in the studies of social memory, and press reports on the subject, in order to illustrate the effects of such kind of debate in society.