Silent No More: Brazil's Supreme Court Challenges 1979 Amnesty Law

In December 2024, Supreme Federal Court (STF) Justice Flávio Dino issued a groundbreaking decision challenging Brazil's 1979 Amnesty Law, which had previously granted immunity for crimes committed during the military dictatorship period (1964-1985). The decision specifically addresses the ongoing crime of concealing victims' bodies, arguing that such crimes continue to be perpetrated as long as the remains are hidden.

The 1979 Amnesty Law provided immunity for political crimes and related offenses committed between September 2, 1961, and August 15, 1979. However, Dino's interpretation introduces a crucial distinction by arguing that crimes of concealment persist beyond the amnesty period, making them prosecutable under current law.

This legal development emerges against the backdrop of Brazil's complex relationship with post-dictatorship justice. Unlike neighboring countries such as Argentina and Chile, which have successfully prosecuted dictatorship-era crimes, Brazil has maintained broader impunity through its amnesty provisions. Since 2012, federal prosecutors have filed over 50 criminal cases related to dictatorship-era human rights abuses, but most have been dismissed citing the amnesty law.

The current challenge to the law's scope has gained "repercussão geral" status, meaning that if upheld by the full court, it would set a binding precedent for all similar cases throughout Brazil. The timing of this legal development coincides with broader societal discussions about historical memory and justice, poignantly captured by Walter Salles' film "Ainda Estou Aqui," which depicts the story of disappeared politician Rubens Paiva and his family's decades-long search for truth.

This potential reinterpretation of the Amnesty Law represents a significant shift in Brazil's approach to historical justice and accountability for past human rights violations. The decision, if upheld, could open new avenues for prosecution while maintaining the broader framework of the 1979 law.