O DIREITO AO ESQUECIMENTO DE FATOS HISTÓRICOS: : ENTRE A MEMÓRIA COLETIVA E O “ACORDO” NACIONAL PARA O OBLÍVIO
Abstract
The democratic transition in Brazil was accompanied by the issue of Law n. 6.683/1979 (Brazilian amnesty law) that allowed serious human rights violations not to suffer punishment. The amnesty seen as institutionalized forgetfulness provoked several discussions about its legitimacy. This article is scoped to demonstrate, through the analysis of Special Appeals nº. 1,434,498/SP and nº. 1,369,571/PE, as the Superior Court of Justice applied in a differentiated way the right to forgetfulness, since in those decisions such right was conceived as a result of the amnesty law. In other, the theoretical constructions of François Ost and Paul Ricoeur on amnesty and forgetfulness will be presented. Thus, the work seeks to point out one of the perspectives of the right to oblivion in national jurisprudence.
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Copyright (c) 2020 Henriete Karam, Karoline Oliveira
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