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4 Indon. J. Int'l & Comp. L. 41 (2017)
Criminal Responsibility in Brazilian Transitional Justice: A Constitutional Interpretative Process under the Paradigm of International Human Rights Law

handle is hein.journals/indjicl4 and id is 55 raw text is: CRIMINAL RESPONSIBILITY IN BRAZILIAN TRANSITIONAL JUSTICE A CONSTITUTIONAL INTERPRETATIVE PROCESS UNDER THE PARADIGM OF INTERNATIONAL HUMAN RIGHTS LAW Emilio Peluso Neder Meyer The Federal University of Minas Gerais, Brazil E-mail: emiliopeluso@gmail.com This article aims to show how Brazilian institutions are coming to the conclu- sion that the crimes perpetrated by state agents during the Brazilian dictator- ship of 1964-1985 are crimes against humanity. This conclusion is now being reflected in few judicial rulings but, paradoxically, in several institutional opin- ions (delivered by prosecutors, truth and reparatory commissions). The article provides an approach to the historical context of Brazilian dictatorship and the transitional justice measures that came after that exception period. An overview of how criminal responsibility for crimes perpetrated by Brazilian public agents was put aside during several decades will have a climax in the Brazilian Federal Supreme Court (Brazilian Supremo Tribunal Federal) holding of 2010. On the flip side, the condemnation of Brazil by the IACtHR in the Gomes Lund Case will be followed by the incorporation of the notion of crimes against humanity. In conclusion, it will be possible to ascertain that Brazilian institutions started to conform to the normative demands of international human rights law con- cerning criminal individual responsibility, even ifjudicial authorities obstinately resisting it. This work was supported by Coordenaqdo de Aperfeigoamento de Pessoal de Nivel Superior (CAPES), a foundation affiliated with the Brazilian Ministry of Education (process number 3192-14-8). The author would like to thank Marcelo Torelly from the University of Brasilia for his suggestion to write this article and Mariana Oliveira for helping review this manuscript. The Indonesian Journal of International & Comparative Law ISSN: 2338-7602; E-ISSN: 2338-770X http://www.iji.org @ 2017 The Institute for Migrant Rights Press

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