‎Brazil News

 

Right to memory

Dino proposes discussion of the amnesty law for permanent crimes during the dictatorship

Minister cited the film I'm Still Here in his argument.

From the Editors

 

Monday, December 16, 2024

 

Updated at 12:03

 

To share

 

 

STF minister Flávio Dino considered that it should be discussed in the Court whether the amnesty law ( law 6.683/79 ) can be applied to crimes that began during the military dictatorship, but whose effects continue to the present - the so-called permanent crimes. 

 

Dino highlighted that the topic requires attention due to its legal complexity and historical relevance, proposing that it be treated under the general repercussion system, which allows the STF to define a binding understanding for lower courts.

 

What is a permanent crime?

 

It is one whose consummation extends over time, as long as its effects last. Unlike instantaneous crimes, which end with the commission of the act, permanent crimes continue to occur until the situation created by the crime ceases. For example, in the case of concealment of a corpse, the crime persists as long as the body remains hidden, renewing the practice each time the concealment continues.

 

Understand the case

 

The rapporteur's proposal arises within the scope of an appeal that discusses crimes that occurred during the Araguaia Guerrilla, such as the homicide committed by Lício Augusto Ribeiro Maciel and the concealment of a corpse committed by Sebastião Curió, both soldiers of the Brazilian Army.

 

Curió died in 2022, but the process seeks Maciel's conviction.

 

In the first instance, the MPF's complaint was rejected based on the amnesty law. The TRF of the 1st region upheld the decision, taking the case to the STF, which must assess whether the general repercussion applies.

 

 

Dino proposes that the Amnesty Law does not apply to the concealment of corpses. (Image: Gustavo Moreno/STF)

Debate on permanent crimes

 

In his decision, Dino emphasized that the concealment of a corpse, for example, continues to happen while the victim's whereabouts remain unknown. 

 

Continuing to omit the location of the body, in addition to preventing family members from exercising their right to mourn, constitutes the practice of a crime, as well as a situation of flagrant crime.

 

The rapporteur clarified that the proposal does not review the STF's decision in ADPF 153 , which recognized the constitutionality of the amnesty law. 

 

The debate in this appeal is limited to defining the scope of the Amnesty Law in relation to the permanent crime of concealing a corpse.

 

Dino explained that, as it is a permanent crime, the concealment of a corpse has a prolonged effect over time. 

 

"The application of the Amnesty Law extinguishes the punishability of all acts committed before its entry into force. However, as the action continues over time, there are acts that occur after the Amnesty Law", explained the minister.

 

The amnesty law, enacted in 1979, granted pardons for political and related crimes committed between September 2, 1961 and August 15, 1979.

 

However, the question now is whether crimes such as concealment of a corpse, which continued after 1979, can be punished.

 

To illustrate the human impact of this type of crime, Dino mentioned the film "I'm Still Here", inspired by the book by Marcelo Rubens Paiva, which tells the story of the disappearance of former congressman Rubens Paiva. 

 

The story of the disappearance of Rubens Paiva, whose body was never found or buried, highlights the indescribable pain of thousands of fathers, mothers, brothers, children, nephews, grandchildren, who never had their rights respected regarding their missing family members.

 

Your Excellency also recalled the struggle of Zuzu Angel, who tirelessly searched for the whereabouts of her son Stuart Angel, as a symbol of the persistence of the affected families.

 

The proposal of general repercussion will still be analyzed by the plenary of the STF, and, if approved, will establish a guideline on the possibility of punishing permanent crimes protected by the amnesty. 

 

Case :  ARE 1,501,674

 

 link: https://www.migalhas.com.br/quentes/421625/dino-propoe-discutir-lei-da-anistia-a-crimes-permanentes-na-ditadura