Uma análise da incompatibilidade jurídica das homenagens a agentes da ditadura militar à luz da Constituição Federal de 1988

Abstract

This undergraduate thesis investigates the tributes to public officials of the military dictatorship in Brazil and their implications for public heritage and human dignity. The research is situated within the context of the 1988 Constitution and Brazil's status as a signatory to various international treaties aimed at protecting human dignity, a corollary of the rule of law and a true fundamental principle thereof. The analysis addresses the political transition from the dictatorial regime to democracy and the ongoing transitional justice process in Brazil, highlighting the rights to education, memory, and truth. The study examines the role of the Public Prosecutor's Office and the social control exercised by the population in preserving the republican purpose of state heritage, as well as evaluating the possibility of judicial recognition of state responsibility for crimes committed during the dictatorship and the prohibition of tributes to state agents involved in such crimes. The thesis argues that these tributes are incompatible with the rule of law and provides an overview of constitutional provisions and related legislative projects. The methodology includes a literature review and the analysis of historical and legal documents, as well as interviews with experts. The results indicate that maintaining tributes to agents of the military dictatorship contradicts the principles of justice and human dignity, undermining democratic legitimacy and the integrity of public heritage. The conclusions emphasize the need for greater commitment from the state and society to value human rights and build an accurate and just historical memory. These can be achieved through popular actions, public civil actions, and specific legislation, aligned with public policies to ensure the effectiveness of transitional justice, the right to memory, education, and truth, and the stability and maintenance of the democratic rule of law.