The tension between amnesty and the defense of democracy in the face of the coup attempt and violent abolition of the Brazilian Democratic Rule Of Law

Abstract

The debate over the use of amnesty as a political instrument has been central to the democratic transitions of countries that have experienced authoritarian regimes. Amnesty, often seen as a solution to promote stability and reconciliation, has been widely applied, especially in Latin America, including in Argentina, Chile, and Brazil, to facilitate the transition from authoritarianism to democracy. Although amnesty has promoted pacification in the short term, in many contexts, the absence of true justice and reconciliation has led to a resurgence of social tensions and divisions in the medium and long term. The recent discussion in Brazil about amnesty for crimes against democracy, especially after the coup attempts of January 8, 2023, demonstrates that the 1979 Amnesty Law failed to guarantee democratic stability. In the Brazilian context, the proposal to grant amnesty to those involved in the coup attempts is incompatible with the fundamental principles of the Constitution and the Human Rights, therefore, unconstitutional. Ultimately, granting amnesty in situations that threaten democracy cannot be considered legitimate, as it would imply a suicidal pact for the democratic system itself.