O relatório da Comissão Nacional da Verdade: o capítulo sobre a atuação do poder judiciário durante a ditadura civil-militar brasileira

Abstract

After two years of the publication of the National Truth Commission report, this work demonstrated that specifically the part about the operation of the Judiciary during the Brazilian civil-military dictatorship features systematizing nature, without representing an end to the investigation on truth and memory within the Brazilian transition. The text compared the National Truth Commission report to information found in primary sources, collected from the court files from Rio Grande do Sul State, in order to indicate inconsistencies and omissions of spaces of the Report dedicated to the judiciary. The work started from the premise that the effectiveness of transitional justice policies, aimed at consolidating democratic practices, is also subjected to authoritarian legacies that state institutions comprise. The analysis of the relations between the Judiciary and the exception could constitute a special area of observation of the relationship between Law and Politics. Faced with the inconsistencies presented by the Report on the functions of the Judiciary during the authoritarian period, the text concludes that its nature was merely systematizing, and the need for further research on the functions that the Brazilian judiciary has played in the context of authoritarian regime from 1964 to 1985 is undeniable. Keywords: National Truth Commission. Civil-military Dictatorship. Judiciary.