136. On August 28, 1979, General João Baptista Figueiredo validated Amnesty Law No.
6683/79 which granted an amnesty as follows: 98
Article 1. Amnesty is granted to anyone who, during the period from September 2,
1961, to August 15, 1979, committed political or related crimes; electoral crimes; to
anyone whose political rights were suspended, and to officials of the direct and indirect
administration, of institutions linked to the public powers, to officials of the legislature
and the judiciary, to military personnel and to trade union leaders and representatives,
who have been sanctioned on the basis of institutional and complementary acts.
§ 1º For the effects of this article, crimes of any nature related to political crimes or
carried out with a political motivation shall be considered related.
§ 2º Anyone convicted of the crimes of terrorism, assault, abduction and personal
attacks is excluded from the benefits of the amnesty.
137. On April 29, 2010, the Federal Supreme Court decided, by seven votes to two, that the
Amnesty Law was compatible with the 1988 Brazilian Constitution, reaffirming its effects. This
decision was of an erga omnes nature, with binding effects for all the organs of the State. 99
138. This Court has already ruled on the said law in the judgment handed down in the case
of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil:
Under this law, to date, the State has not criminally investigated, prosecuted or punished
those responsible for the human rights violations committed during the military regime
[…]. This is because “the interpretation [of the Amnesty Law] automatically absolves all
the human rights violations that may have been perpetrated by agents of the political
repression.” 100
[…]
Given its manifest incompatibility with the American Convention, the provisions of the
Brazilian Amnesty Law that impede the investigation and punishment of gross human
rights violations lack legal force. Consequently, they cannot continue to represent an
obstacle to the investigation of the facts in this case, or to the identification and
punishment of those responsible, and they cannot have an equal or similar impact on other
cases of gross violations of human rights recognized in the American Convention that
occurred in Brazil. 101
139. With regard to the ADPF [Action claiming non-compliance with a fundamental precept]
decision No. 153, the Brazilian Bar Association, the petitioner in that action, filed a motion for
clarification (“embargos de declaração”) on March 16, 2011, that had not been decided at the
time of this judgment. Also, the judiciary continue to apply Law No. 6683/79.
H.
Police investigation No. 487/92 (São Paulo state jurisdiction)
98
Law No. 6,683, of August 28, 1979 (evidence file, folio 6825); Direito à Memória e à Verdade: Special Commission
on Political Deaths and Disappearances (evidence file, folio 26).
99
Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil, paras. 135 and 136.
100
Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil, para. 135.
101
Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil, para. 174.
30