Banca de DEFESA: NATHAN DA SILVA NETO

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : NATHAN DA SILVA NETO
DATE: 13/12/2024
TIME: 15:00
LOCAL: hibrida - sala de videoconferência
TITLE:

Broad, general and unrestricted amnesty: appropriations and subversions in the context of the ADPF 153 trial

KEY WORDS:

Amnesty. Broad. General. Unrestricted. Appropriation. Subversion. National Security Doctrine. Civil-military relations. ADPF 153.

PAGES: 360
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research investigates how the meaning of the expression (discourse) “broad, general and unrestricted amnesty” was appropriated and subverted in the trial of the Claim of Non-Compliance with Fundamental Precept 153 (ADPF 153), in order to legitimize the amnesty model defended by the Armed Forces. In this case, the research investigates how the expression (discourse) was displaced from its original meaning, formulated by the social movements that led the national campaign for amnesty in the 1970s, to function, in the trial of ADPF 153, as a discourse of legitimization of the amnesty model idealized by the Armed Forces. To this end, the research first recovers the original meaning of the expression (discourse) and reconstructs the context of political disputes surrounding demands for amnesty, demonstrating how the 1964 dictatorial regime sought to control discourses on amnesty and conceived it as part of its political détente project, within the framework of a controlled political transition. In this sense, the research points out how the National Security Doctrine (DSN) impacted social movements for amnesty and functioned as a theoretical basis for the amnesty project devised by the dictatorial regime. Next, the research highlights how the agenda surrounding amnesty, its antagonistic models (social movements x military regime) and the possibility of reviewing the Amnesty Law (Law 6.683/79), established a point of tension and inflection in the context of relations between civilians and military personnel, which resulted in the judgment of ADPF 153. At this point, the research reveals that relations between civilians and military personnel have not yet been sufficiently reinterpreted, even after the 1988 Constitution, a fact that gives the Armed Forces significant power of influence in relation to issues affecting Transitional Justice, especially in relation to amnesty. Finally, the research proceeds to a content analysis (Laurence Bardin) and discourses (Foucault's genealogical method) of the opinions of the Office of the Attorney General of the Union (AGU) and the Office of the Attorney General of the Republic, as well as the votes of the ministers of the Federal Supreme Court (STF), to conclude that the meaning of the expression (discourse) “broad, general and unrestricted amnesty” was appropriated and subverted by the official actors of the justice system (AGU, PRG and STF), in order to legitimize, by adhering to the discourse of the Armed Forces, the amnesty model idealized by the dictatorial regime of 1964. Thus, the research indicates that the Armed Forces still exert great influence on the reconstruction of the history of Brazil's authoritarian past, exercising strong control over the narratives that revolve around political amnesty and over the issues related to Transitional Justice, in such a way as to impact, including, the justice system.

COMMITTEE MEMBERS:
Externo à Instituição - ANTONIO HENRIQUE GRACIANO SUXBERGER - CEUB
Presidente - 1728968 - ENEA DE STUTZ E ALMEIDA
Externo à Instituição - RODRIGO LENTZ - Unisinos
Interna - 1645163 - SIMONE RODRIGUES PINTO
Externo à Instituição - THIAGO ANDRÉ PIEROBOM DE AVILA - UNICEUB