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[POLITICS] · Brazil · 2 sources

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STM President criticizes judiciary's role during military dictatorship

Maria Elizabeth Rocha, president of the Superior Military Court (STM), stated that the judiciary's performance during the military dictatorship was the “worst possible.” Speaking at a lecture for law students at PUC-SP, Rocha noted that there was no resistance from justice institutions against the regime.

Rocha criticized the lack of institutional recognition regarding the errors made during the military period, arguing that such acknowledgment is essential for reparation and the preservation of historical memory. She also addressed the 1979 Amnesty Law, suggesting it is incompatible with current Brazilian legislation and international human rights treaties, such as the Pact of San José, which Brazil signed in 1992.

Additionally, the minister commented on the Supreme Federal Court's (STF) 2010 decision to uphold the constitutionality of the Amnesty Law, noting that while it was a possible response during the political transition, recent legal trends have moved toward distancing the law from certain crimes.

Entities

Maria Elizabeth Rocha · Pontifícia Universidade Católica de São Paulo · Superior Tribunal Militar · Supremo Tribunal Federal