"INTERGENERATIONALITY AND TRANSITIONAL JUSTICE The transforming potential of law in post-authoritarian generations".
Intergenerationality; Transitional Justice; Reparations; Constitutional Law
This study aims to establish connections between Intergenerationality and Transitional Justice. It is situated under Public Law and focuses on the relationship between the Law, Constitutionalism, and the State. The thesis is part of the University of Brasília's line of research on society, conflicts, social movements and human rights. The study adheres to the Transitional Justice research subline and develops themes worked on by the Transitional Justice research group at the University of Brasilia. Intergenerational perspectives on Transitional Justice are developed to address the challenges of dealing with Human Rights violations after periods of conflict or authoritarianism. This investigation also understands Transitional justice as an intergenerational connection. The text has been organized in four chapters; the first two focus on the theoretical framework and the last two are empirical in nature. The first chapter explores intergenerational theories developed across different fields of knowledge, in addition to elaborating on their contributions and scholarly constructions. By so doing, I seek to establish elements of intersection between intergenerational theories, Intergenerational Justice, and Transitional Justice. The second chapter focuses on the characteristics and foundations that integrate a critical intergenerational understanding through the Transitional Justice lens. For this purpose, the conceptual boundaries and constituent elements of Experience, Memory, Translation, Transformation, Commitment, and Openness are explored. The third chapter analyzes the way the Law captures temporalities to then explore, under a Comparative Law perspective, how different constitutions approach Intergenerationality. Next, correlations between generations and space are pursued to justify the scope of research. The last chapter provides a comparative view of different norms concerning reparative transitional justice systems worldwide, in addition to approaching their main features and critique. Subsequently, the connection between Constitutionalism, Transitional Justice and Democracy is developed. At this point, I also address the transformative potential of Transitional Justice in societies that have experienced authoritarian governments or violent conflicts. Lastly, qualitative and quantitative analyzes of democratic indicators are carried out through time series, in individual and joint perspectives, with the purpose of drawing attention to the impact and potential of Transitional Justice in post-conflict and post-authoritarian countries.