Human Rights and transitional justice

the dilemmas and challenges of transitional justice in the democratic post-rupture from the viewpoint of The Law Found on the Street.

Abstract

The present work seeks to understand the Transitional Justice under the human rights perspective and the treatment of the subsequent conflicts of the military regimes, to the liberalization and democratization in Brazil. In this study we try to compose the problem through a bibliographical research that has an analysis of several factors that try, in the current political conjuncture, to bury the debate about the military dictatorship and its crimes. The theme of Transitional Justice, which seemed to have been relegated to the background after the structuring of the new regimes and the holding of successive presidential elections, demonstrating the overcoming of the past, was once again brought to the agenda, recognizing the death of militants. missing politicians and compensation from their families and recently, the condemnation of Brazil in the Guerrilha do Araguaia case (Gomes Lund X Brazil Case) which rekindled the discussion about the lawsuits and other justice measures. In the period of transition to democracy the issue of human rights violations was one of the most important points on the political agenda., differentiated from country to country. In this cenario, from a democratic post-rupture, difficulties of the Comission appears, including about the relevance of the work of the transitional justice and the exposition of the truth in coups regims.