National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth
The article aims to problematize the issues of memory and Transitional Justice from the context of the establishment of the Brazilian National Truth Commission – (CNV, in Portuguese). The disputes about what to remember, how to remember, and what to forget (or not to forget) can become very complex...
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Sello Editorial Universidad de Medellín
2021
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oai:doaj.org-article:63c656dafb56485bbe0c960342b4d2c62021-11-25T19:58:33ZNational Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth10.22395/ojum.v20n43a41692-25302248-4078https://doaj.org/article/63c656dafb56485bbe0c960342b4d2c62021-11-01T00:00:00Zhttps://revistas.udem.edu.co/index.php/opinion/article/view/3791/3318https://doaj.org/toc/1692-2530https://doaj.org/toc/2248-4078The article aims to problematize the issues of memory and Transitional Justice from the context of the establishment of the Brazilian National Truth Commission – (CNV, in Portuguese). The disputes about what to remember, how to remember, and what to forget (or not to forget) can become very complex in times of political polarization. By problematizing the Brazilian case between 2008 and 2014, we seek to highlight how the institution path of the CNV dealt with legislative and empirical obstacles around memory, history, forgetting, and resentment. Methodologically, the research used primary sources (legislative and judicial documents, reports, opinions) and secondary sources (specialized literature on the subject). Using the descriptive method, we present the Brazilian transitional context and the course of the CNV to demonstrate how the tension between resentment and the right to memory and the right to truth were organized by the Commission. While the outcome of the CNV Report is relevant, the accountability of human rights violators in Brazil is neutralized by the justice system. The promise of a public policy on memory remains in oblivion controlled by political elites.Ramon Rebouças Nolasco de OliveiraRafael Lamera Giesta CabralSello Editorial Universidad de Medellínarticlenational truth commissionhuman rightstransitional justicememoryamnestyLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENESFRPTOpinión Jurídica, Vol 20, Iss 43 (especial), Pp 95-122 (2021) |
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EN ES FR PT |
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national truth commission human rights transitional justice memory amnesty Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
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national truth commission human rights transitional justice memory amnesty Law in general. Comparative and uniform law. Jurisprudence K1-7720 Ramon Rebouças Nolasco de Oliveira Rafael Lamera Giesta Cabral National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth |
description |
The article aims to problematize the issues of memory and Transitional Justice from the context of the establishment of the Brazilian National Truth Commission – (CNV, in Portuguese). The disputes about what to remember, how to remember, and what to forget (or not to forget) can become very complex in times of political polarization. By problematizing the Brazilian case between 2008 and 2014, we seek to highlight how the institution path of the CNV dealt with legislative and empirical obstacles around memory, history, forgetting, and resentment. Methodologically, the research used primary sources (legislative and judicial documents, reports, opinions) and secondary sources (specialized literature on the subject). Using the descriptive method, we present the Brazilian transitional context and the course of the CNV to demonstrate how the tension between resentment and the right to memory and the right to truth were organized by the Commission. While the outcome of the CNV Report is relevant, the accountability of human rights violators in Brazil is neutralized by the justice system. The promise of a public policy on memory remains in oblivion controlled by political elites. |
format |
article |
author |
Ramon Rebouças Nolasco de Oliveira Rafael Lamera Giesta Cabral |
author_facet |
Ramon Rebouças Nolasco de Oliveira Rafael Lamera Giesta Cabral |
author_sort |
Ramon Rebouças Nolasco de Oliveira |
title |
National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth |
title_short |
National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth |
title_full |
National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth |
title_fullStr |
National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth |
title_full_unstemmed |
National Truth Commission in Brazil: the Thread of History and the Right to Memory and Truth |
title_sort |
national truth commission in brazil: the thread of history and the right to memory and truth |
publisher |
Sello Editorial Universidad de Medellín |
publishDate |
2021 |
url |
https://doaj.org/article/63c656dafb56485bbe0c960342b4d2c6 |
work_keys_str_mv |
AT ramonreboucasnolascodeoliveira nationaltruthcommissioninbrazilthethreadofhistoryandtherighttomemoryandtruth AT rafaellameragiestacabral nationaltruthcommissioninbrazilthethreadofhistoryandtherighttomemoryandtruth |
_version_ |
1718410033413226496 |