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Brazil on the 40th Anniversary of the Amnesty Law

August 28 marks the 40th anniversary of Brazil´s Amnesty Law. Passed in 1979 as an opportunity for unity, in practice was co-opted for legalized impunity for crimes against humanity. Português

Brazil on the 40th Anniversary of the Amnesty Law
Portraits of victims paraded in a Public Act Protest named Dictatorship Never Again against current President Jair Bolsonaro in Sao Paulo, Brazil on August 5, 2019. | Photo: Roberto Casimiro/Fotoarena/Sipa USA. PA Images, All rights reserved.
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Forty years ago, on August 28, 1979, Brazil’s Lei de Anistia (Amnesty Law) was passed, shielding all perpetrators of political crimes committed during the country’s 1964-1985 military dictatorship from prosecution.

Passed by then-president General Joao Figuereido, the law initially provided a framework for national reconciliation. It allowed activists-in-exile the opportunity to return to Brazil. It also gave torture victims and political dissidents a means through which to defend themselves, negotiate their release, and clear their names.

But this project was ultimately shaped by the support from members of the Brazilian military, a fact that led to the law’s unfortunate misinterpretation. What should have been an opportunity for unity, in practice was coopted for legalized impunity for crimes against humanity. The law was broadly interpreted in order to protect the institutions, which facilitated repression during the regime’s 20-year rule and cleared all military officials from being charged for their involvement in international crimes.