ADPF 153 e caso Gomes Lund e outros vs. Brasil: aspectos constitucionais da responsabilização penal dos autores dos desaparecimentos forçados de pessoas praticados no contexto ditatorial e atuação do poder judiciário brasileiro

Abstract

This monograph studies one aspect of transitional justice in Brazil, which is the promotion of criminal responsibility of perpetrators of enforced disappearances committed by agents of political repression in the years 1972 and 1975 against political opponents who acted in Guerrilha do Araguaia. The facts are placed in the context of the Brazilian military dictatorship from 1964 to 1985. The approach taken in the constitutional perspective, consider the rules of the Constitution of the Federative Republic of Brazil in 1988, the regulatory instruments of International Human Rights Law, Law n. 6.683/79, the jurisprudence of the Supreme Court and the Inter-American Court of Human Rights formed, respectively, in the judgment of the accusation of breach of Fundamental Precept 153 and Gomes Lund vs. Brazil Case, evaluating, therefore, compliance with that judgment by the Brazilian government, the legal possibility to promote the prosecution of the authors in the face of forced disappearances in accordance with the rules of national law and the role of judges in the Brazilian species.