Comissão Nacional da Verdade
Encyclopedia
The Comissão Nacional da Verdade (National Truth Commission) was approved by the Chamber of Deputies
on 21 September 2011. Originally planned to investigate human rights
violations during the military dictatorship of 1964–1985, it will investigate violations in the period of 1946–1988. The bill, which originated from the Executive branch, still needs to be approved by the Federal Senate
before being sanctioned by President Dilma Rousseff
. The commission will last for two years and consist of seven members appointed by Rousseff. Members of the commission will have access to all government files about the 1946–1988 period and may convene victims or people accused of violations for testimony, although it will not be mandatory for them to attend. After the end of the two years period, the commission will issue a report with its findings. The group will not have, however, the obligation to disclose everything they discover. They can choose whether they will reveal an information only to the President and Defense Minister Celso Amorim
or to the whole public.
The commission was proposed by the 3rd National Human Rights Program, a set of bills proposed by then President Luiz Inácio Lula da Silva
on December 2009. Since then, its text was changed several times, mainly to address the complaints of the military, who feared a review of the Amnesty Law
. In effect since late 1979, during the transition to democracy, it prevents the criminal liability of political crimes committed by military personnel during the dictatorship. On April 2010, responding to an action by the Order of Attorneys of Brazil
, the Supreme Federal Court decided by 7–2 votes that the law is still in effect. Since the commission will not have punitive powers against officers accused of torture, it was criticized by human rights activists as a non-contribution for justice. They also claim that the commission will have a very short term and not enough members to complete their work satisfactorily. The military, on the other hand, complain that they will not be represented on the commission, which may not give due weight to crimes committed by leftist organizations. Due to military pressure, the term "political repression" was abolished from the bill's text.
Chamber of Deputies of Brazil
The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...
on 21 September 2011. Originally planned to investigate human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations during the military dictatorship of 1964–1985, it will investigate violations in the period of 1946–1988. The bill, which originated from the Executive branch, still needs to be approved by the Federal Senate
Senate of Brazil
The Federal Senate of Brazil is the upper house of the National Congress of Brazil. Created by the first Constitution of the Brazilian Empire in 1824, it was inspired by the United Kingdom's House of Lords, but with the Proclamation of the Republic in 1889 it became closer to the United States...
before being sanctioned by President Dilma Rousseff
Dilma Rousseff
Dilma Vana Rousseff is the 36th and current President of Brazil. She is the first woman to hold the office. Prior to that, in 2005, she was also the first woman to become Chief of Staff of Brazil, appointed by then President Luiz Inácio Lula da Silva....
. The commission will last for two years and consist of seven members appointed by Rousseff. Members of the commission will have access to all government files about the 1946–1988 period and may convene victims or people accused of violations for testimony, although it will not be mandatory for them to attend. After the end of the two years period, the commission will issue a report with its findings. The group will not have, however, the obligation to disclose everything they discover. They can choose whether they will reveal an information only to the President and Defense Minister Celso Amorim
Celso Amorim
Celso Luiz Nunes Amorim is a Brazilian diplomat who has been Minister of Defence since August 2011. Amorim was the Minister of Foreign Relations from 1993 to 1995 under President Itamar Franco and again from 2003 to 2011 under President Luiz Inácio Lula da Silva.Before his appointment by Lula,...
or to the whole public.
The commission was proposed by the 3rd National Human Rights Program, a set of bills proposed by then President Luiz Inácio Lula da Silva
Luiz Inácio Lula da Silva
Luiz Inácio Lula da Silva , known popularly as Lula, served as the 35th President of Brazil from 2003 to 2010.A founding member of the Workers' Party , he ran for President three times unsuccessfully, first in the 1989 election. Lula achieved victory in the 2002 election, and was inaugurated as...
on December 2009. Since then, its text was changed several times, mainly to address the complaints of the military, who feared a review of the Amnesty Law
Amnesty law
An amnesty law is any law that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for crimes committed.Most allegations involve human rights abuses and crimes against humanity.-History:...
. In effect since late 1979, during the transition to democracy, it prevents the criminal liability of political crimes committed by military personnel during the dictatorship. On April 2010, responding to an action by the Order of Attorneys of Brazil
Order of Attorneys of Brazil
The Order of Attorneys of Brazil is the Brazilian Bar association, founded in 1930. It is an organization of lawyers and responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília, Federal District...
, the Supreme Federal Court decided by 7–2 votes that the law is still in effect. Since the commission will not have punitive powers against officers accused of torture, it was criticized by human rights activists as a non-contribution for justice. They also claim that the commission will have a very short term and not enough members to complete their work satisfactorily. The military, on the other hand, complain that they will not be represented on the commission, which may not give due weight to crimes committed by leftist organizations. Due to military pressure, the term "political repression" was abolished from the bill's text.