Argüição de descumprimento de preceito fundamental nº 153: estudo de caso acerca da constitucionalidade de lei de anistia

Abstract

Between 1964 and 1985, Brazil lived under the aegis of a military regime, with numerous deletions of rights and guarantees. In 1979, given the expectations of society, the Brazilian Amnesty Act was enacted and forgave all those who committed political crimes, related to these and politically motivated during the military era. However, in 2008, the Federal Council of the Brazilian Association of Lawyers filed a claim of breach of fundamental precept nº. 153 in order to question the interpretation adopted by the Supreme Court since the entry into force of that law. It plead interpretative shift to exclude from amnesty those agents of State who committed ordinary crimes during the military era. The Judges Association for Democracy participates in this action as amicus curiae. The Senate displays information. The Attorney General of the Union defends the normative act challenged. The Attorney General's Office manifests as custos legis. Finally, this work makes a critical analysis of the reasons of all those interested in action.