Responsabilização por crimes contra a humanidade no Brasil: impunidade nos 30 anos da Constituição de 1988

Abstract

Almost 30 years after the promulgation of the Federal Constitution of 1988, there are still clear manifestations of the use of the monopoly of violence against the civil population, in an evident violation of human rights. Under a democratic government, inserted in the paradigm of International Human Rights Law, authoritarian practices are still repeated on a daily basis. This paper intends to return to the debate on the gross human rights violations perpetrated by agents of the dictatorship, understood as crimes against humanity, in order to demonstrate that impunity for such crimes contributes to the current practice of similar violations. The work will be carried out through the recovering of the concept of crimes against humanity, the presentation of the final report of the National Commission of Truth (CNV) on the Brazilian dictatorship and a reading about the role of past roots of contemporary violations within the framework of 30 years of the 1988 Constitution. As a methodology, theoretical analyses are compared with the Final Report of the CNV, allowing for debating the relationships between human rights violations in the past and in the present days.