Transitional Justice in Brazil and the Jurisprudence of Inter-American Court Of Human Rights

The talk will address transitional justice in Brazil in its various aspects, considering the objectives advocated by the general theory of transitional justice from authors such as Louis Bickford and Ruti Teitel, namely, material justice, truth, memory, reparation and institutional reforms. The main idea is to make a legal analysis of the transition process in Brazil based on the relationship between Brazilian constitutional law and the Inter-American Human Rights System, in particular the jurisprudence of the Inter-American Court of Human Rights. In this context, the Gomes Lund/“Guerrilla of Araguaia” Case will be analyzed, in which the Brazilian State was condemned in 2010 to take a series of transitional justice measures. Next, some of the difficulties in complying with this judgment of the Inter-American Court of Human Rights will be addressed, in particular the resistance of the Brazilian Federal Supreme Court to review its constitutional jurisprudence regarding political amnesty to State agents accused of crimes against humanity, such as torture, extrajudicial executions and enforced disappearances of political opponents. In conclusion, the presentation will suggest a reflection on the ways of the dialogue between these two courts and the two systems of protection of human rights (Inter-American and constitutional), proposed by theories such as the trans-constitutionalism (Marcelo Neves) and the co-evolutionism (Manuel Góngora-Mera).

Prof Dr Bruno Galindo is an Associate Professor of the Department of General and Procedural Law/Center of Legal Sciences/Federal University of Pernambuco (UFPE)-Brazil. He is also a State Counsellor of the Brazilian Bar Association of the State of Pernambuco. He is the former Vice-coordinator of the Law Degree Course of UFPE between 2013 and 2015). He holds a Doctorate in Law from UFPE, during which he completed an Internship Abroad (PDEE) at the University of Coimbra, Portugal. He also holds a Masters in Law from UFPE. Since 2014, he is Legal Advisor to the Penitentiary System of the State of Pernambuco, Brazil. In 2016 and 2017, he was the Chairperson of the Commission on Human Rights of Brazilian Bar Association in Pernambuco (2016-2017).