Articulação constitucional e justiça de transição: uma releitura da ADPF nº 320 no marco do “constitucionalismo abrangente”

Abstract

The ADPF no. 320 was filed by the Socialism and Liberty Party (PSOL) in May 2014. In its application, the following requests are made to the Supreme Court: statement that the political amnesty of 1979 does not apply to serious human rights violations perpetrated during the Brazilian military dictatorship; and determination of compliance with the judgment handed down by the Inter-American Court of Human Rights in the case Gomes Lund et al vs. Brazil. The debate surrounds two main issues: the admissibility of the ADPF and the relationship between the constitutional and the conventional review of State acts. In order to properly understand the arguments and positions taken in the discussion, one must assume that the meaning of the democratic rule of law in post-1988 Brazil is at stake. Keeping this in view, the ADPF no. 320 is conceived as an opportunity to review the opinion issued by the Supreme Court in the ADPF no. 153. From the perspective of a constitutional patriotism and a multilateral and comprehensive pluralism, the achievement of International Human Rights Law consists in the implementation of the Brazilian 1988 Constitution.