O crime político em um estado democrático de direito pelo olhar da justiça de transição no Brasil : uma herança autoritária

Abstract

The proposal of this work is, as of a transitional justice look, to ascertain if the jurisprudential concept currently adopted by the Supreme Court in relation to the political crime in a Democratic Rule of Law, still maintains some authoritarian permanence. The bibliographical and documentary research (jurisprudence) carried out is of a qualitative nature, of the exploratory type. Initially, we discuss the origin, the evolution and the concept in order to establish the point of view of the Transitional Justice. In a second moment the research turns to the examination of the period concerning the military dictatorship in Brazil (1964-1985), begins with the analysis of the dispute of narratives that still exists today with support in The Theory of Two Demons. Then the line is drawn that allows to interconnect, from the Cold War, the war on communism, the National Security Doctrine, the coup d'état, the various National Security Laws adopted throughout the period and political crime. In a later stage, the concepts of political crime, terrorism, state terrorism and right of resistance are analyzed, and it is discussed if this serves to decharacterize political crime. Once the doctrinal framework has been constructed, the jurisprudence of the Federal Supreme Court on political crime and related issues is investigated, starting from four historical periods (1930-1946, 1946-1964, 1964-1988 and 1988-2018). From this jurisprudential examination, the research points to the existence of an authoritarian permanence from the period 1964-1985, still not surpassed by the STF (and by the legislature), indicating that the fullness of the Democratic Rule of Law has not been achieved in this field. It is identified that the Judiciary is an important instrument of the Transitional Justice, while at the same time, as an institution, it presents a transitional deficit. In addition, it is pointed out that, given the existence of authoritarian stays, the passage from the authoritarian predecessor regime to the post-dictatorship democratic regime has not yet been completed.