As Brazil commemorates 40 years since the fall of its military dictatorship (1964–1985), the remnants of this grim era linger, particularly regarding the state’s obligations to its human rights victims. Despite efforts like the National Truth Commission and the Amnesty Commission, the quest for transitional justice flounders, caught in a web of political polarisation and a retreat towards authoritarianism, evidenced by a dip in support for democracy from 79% to 69% in two years.
A deep dive into Brazil’s struggle is anchored by Fabiana Godinho MacArthur’s 2012 analysis, highlighting a critical stumbling block: the choice to avoid holding military officers accountable for their repression. Laws such as the 1979 Amnesty Law perpetuate impunity, shielding perpetrators while political prisoners were freed. Meanwhile, the National Truth Commission reported 377 responsible for heinous crimes, yet justice remains elusive amidst a long-standing culture of denial.
Carla Osmo, a law professor, also notes Brazil’s slow adoption of measures for reconciliation and accountability. Unlike other Latin American nations that embraced international human rights standards, Brazil’s judiciary remains obstructive, often invoking the Amnesty Law against criminal proceedings initiated by the Federal Public Prosecutor’s Office, further entrenching a cycle of impunity.
The Gomes Lund case exemplifies this impasse, highlighting the government’s need to acknowledge its past and ensure comprehensive reparations for victims. Yet, the scandalous conduct during the dictatorship, marked by arbitrary detentions, torture, and forceful disappearances, continues to haunt collective memory, with many perpetrators walking free.
Past atrocities, emphasised by the institutionalisation of torture under Institutional Act Number 5 (AI-5) in 1968, demand urgent redress. The chilling legacy left behind by these human rights abuses includes the suffering endured by countless families, compounded by the state’s refusal to accept responsibility.
The societal push for accountability found new momentum in 2019, when victims urged international scrutiny of Brazil’s past. This urgency resurfaced after the closure of the Special Commission on Political Deaths and Disappearances in 2023, only to be revitalised by the Lula administration later in 2024, marking a tentative step towards proper legal redress.
Human rights groups and families have historically served as beacons of remembrance, spearheading a meaningful dialogue around the violent legacy of the dictatorship. Reports such as “Brazil: Never Again” catalysed the call for truth and justice, advocating for reparative measures and accountability.
Professor Osmo argues that neglecting to address the dictatorship sets a dangerous precedent, allowing false narratives about its supposed merits to flourish. A society that forgets the lesson of the past is bound to repeat it.
As of January 2025, there is a significant shift in acknowledging the state’s role in political repression. Registry offices began issuing death certificates that denote victims as having suffered “unnatural, violent deaths” at the hands of the state. This new regulation by the National Council of Justice marks a pivotal step towards recognition and justice, as exemplified by victims and families reclaiming their narratives amidst a history cloaked in silence.
Brazil is at a crossroads as it reflects on 40 years since the end of its military dictatorship, grappling with unacknowledged debts to victims and a dip in democratic support. Despite reparations mechanisms, the pursuit of justice faces hurdles, primarily due to enduring impunity under the 1979 Amnesty Law. Efforts for truth-telling and accountability are reignited, most recently seen in the adjusted death certificates for repressed individuals, highlighting a pivotal moment in Brazil’s journey toward historical recognition and justice.
Brazil’s ongoing struggle with its military dictatorship’s legacy reveals a complex tapestry of denial, impunity, and awakening. While recent movements toward truth and accountability signify hope, systemic obstacles remain entrenched in the judicial system, preventing comprehensive justice for the victims. As society strives for reconcilement, the importance of historical awareness and responsibility is paramount, ultimately shaping the nation’s fabric and future governance.
Original Source: globalvoices.org
