On April 30, Brazil’s Supreme Federal Tribunal abolished the country’s 1967 Press Law after ruling that the law violated constitutional guarantees of free expression. This act, which came into effect during the military dictatorship that ruled the country between 1961 and 1985, sought to repress criticism of the dictatorship by setting prison terms of up to 3 years for journalists convicted of defamation crimes. Such crimes were defined in very expansive terms and included “reporting deemed offensive to public morals; reporting that a plaintiff finds damaging to his reputation or offensive to his dignity; reporting that is considered subversive to public and political order; and reporting ‘true’ facts that are considered distorted or provocative.” The Committee to Protect Journalists has reported that both during and after the dictatorship, the law was used by businessmen and politicians in thousands of cases to attack critical journalists. As such, the long overdue abolition is a momentous victory for freedom of the press in the country. In addition, it should be viewed as an important accomplishment in the country’s attempt to slowly chip away at the lingering legacies of dictatorship.
Brazil’s military dictatorship left a lasting imprint on the country’s politics and society. The brutal military regime not only passed repressive laws like the one above, but also committed extensive human rights abuses including extrajudicial killings, forced disappearances, torture, and large-scale arbitrary detention during its campaign to suppress a communist guerrilla movement. According to official government tallies, roughly 400 people were killed, 160 were disappeared, and hundreds of others were tortured during the dictatorship. Moreover, Brazil lags far behind its neighbors in its attempts to confront the shrouded events of its military past and unveil the details of the regime’s activities to Brazilian citizens. In 1979, the Brazilian government passed an amnesty law that protected military and public officials and political dissidents from prosecution for crimes committed during the dictatorship. As a result, no one has been prosecuted for human rights offenses committed during the period. In addition, Brazil has not convened a truth commission, nor has the country given a full account of the military regime’s activities, although it did publish a 500 page report on disappearances in 2007.
The remaining legacies of the dictatorship have had important consequences for governance. Most obviously, laws such as the Press Law have continued to restrict Brazilian civil liberties in the 25 years since the country’s transition to democratic rule. However, the country’s failure to fully address the misdeeds of the dictatorship has had other damaging results. While the military has argued that Brazil’s pacted transition was a reasonable price to pay in order to bring about a peaceful transition to civilian rule, others have argued that allowing the military to maintain their power and escape punishment has hampered the country’s process of democratic consolidation. Most notably, rule of law has suffered. Indeed, one of Brazil’s most troubled governance issues is the ineptitude and corruption of the justice system, which has perpetuated a strong culture of impunity in the country. Unfortunately, rather than using fair, unbiased human rights trials to build confidence in the justice system (as recently done in Peru, Argentina, and others), the government’s treatment of past crimes has reinforced the culture of
impunity.
Thus, directly confronting the events of the military dictatorship is crucial to the attainment of a truly democratic future for the country. Fortunately, Brazil’s recent repeal of the Press Law has been accompanied by other steps towards confronting the past. Recently, federal prosecutors have requested that investigations against several individuals suspected of committing human rights violations be carried out. In October 2008, a Sao Paulo civil court found a military colonel civilly responsible for human rights violations committed while serving as director of an intelligence agency. In addition, last week, Brazil launched a website containing information about the events that occurred in the country between 1964 and 1985. The site includes official documents from the dictatorship that are part of the national archives. At its launch, President Luiz Inacio “Lula” da Silva acknowledged the link between national reconciliation and the country’s democratic well-being when he proclaimed “We are doing Brazilian democracy a service when we unveil some of the mysteries that persist about our past.” Finally, the Supreme Federal Tribunal is preparing to review the 1979 Amnesty Law in the face of several pending cases that challenge the law’s legitimacy. Among these cases, the court will consider the Brazilian Bar Association’s assertion that the current interpretation of the law erroneously provides for the protection of state agents from prosecution in all cases when in reality, it should not shield them from prosecution for crimes such as torture.
Furthermore, Brazil’s efforts may be ramped up in the future. On April 8, the Inter-American Commission on Human Rights determined that amnesties and statutes of limitations should not be applied to crimes against humanity that were committed during Brazil’s dictatorship. This is the first international decision to be made regarding the human rights abuses committed in Brazil during this era. While the decision is not binding, concerns over international legitimacy and approval may compel Brazil to become more open to a reinterpretation of the amnesty law.
Brazil should be lauded for breaking out of its decades-long resignation to allowing several of the debilitating legacies of the dictatorship to persist. Nevertheless, the country still has a long road ahead. It has yet to fully open military and police archives to the public, and the active prosecution of human rights offenders is a long way off even if the court rules against the current interpretation of the amnesty law. Not surprisingly, the reinterpretation of this law is a very polemical issue. The Brazilian military, which staunchly opposes all efforts to reinterpret the amnesty law, is an extremely powerful and influential institution. Furthermore, while Lula has taken measures to disclose more information about the military dictatorship to the public, his solicitor general’s office has officially opposed challenges to the law. In recent years Brazil has sought to pose as both a leader and model for developing countries. Confronting the past while strengthening democracy and justice can only improve the country’s standing and add further momentum to a South American success story.
Photo Credit: Flickr user Samory Santos
