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BIBTEX RIS

<b>Lei de Anistia e Justiça de Transição: a releitura da ADPF 153 sob o viés argumentativo e principiológico</b> <br>

2012; UNIVERSIDADE FEDERAL DE SANTA CATARINA; Volume: 33; Issue: 64 Linguagem: Inglês

10.5007/2177-7055.2012v33n64p131

ISSN

2177-7055

Autores

Cláudia Rosane Roesler, Laura Carneiro de Mello Senra,

Tópico(s)

Comparative constitutional jurisprudence studies

Resumo

The main objective of this work was to analyze the Votes of the Ministers of the Brazilian Supreme Court in the case entitled "Arguição de Descumprimento de Preceito Fundamental 153" (ADPF 153). The constitutional issue presented in the ADPF 153 dealt with the interpretation of the first paragraph of the first article of the Brazilian Amnesty Law (Law number 6.683, from 1979). According to this paragraph, crimes of any nature, related with political crimes, or motivated by political intentions, could be amnestied. From the examination of the Votes of the Ministers, it can be said that they are consistent and coherent and therefore achieve the basic requisites of impersonality and rationality. Nevertheless, there seems to be an incongruence between the decision that was taken in the case of the ADPF 153, and the principles and values promoted in the Rule of Law. Hence, we conclude that this decision can't be considered the most adequate, concerning the context in which it was taken.

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