The taint of torture and the brazilian legal system

In Brazil, the practice of torture intertwines deeply with its own history. The literature on the subject has had a greater intensification on its registers during the Dictatorial Regime (1964 to 1985). In spite of the Brazilian Constitution of 1988, Brazil only makes efforts to investigate the cri...

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Main Authors: Edna Gusmão De Góes Brennand, Delamar José Volpato Dutra
Format: Article
Language:Catalan
Published: Universitat de València 2024-07-01
Series:Arxius de Ciències Socials
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Online Access:https://turia.uv.es/index.php/arxius/article/view/29209
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author Edna Gusmão De Góes Brennand
Delamar José Volpato Dutra
author_facet Edna Gusmão De Góes Brennand
Delamar José Volpato Dutra
author_sort Edna Gusmão De Góes Brennand
collection DOAJ
description In Brazil, the practice of torture intertwines deeply with its own history. The literature on the subject has had a greater intensification on its registers during the Dictatorial Regime (1964 to 1985). In spite of the Brazilian Constitution of 1988, Brazil only makes efforts to investigate the crimes of torture of this period to comply with the provisions of the United Nations in 2011. Within this scenario, the NationalTruth Commission (Law 12.528, of November 2011) was created with the purpose of clarifying the facts and circumstances of cases concerning human rights violations, as well as the Law on Access to Information (Law 12.527 of November 2011), which have regulated the constitutional right to access public information, valid for all areas of the public administration. These laws allowed the opening of the archives of the dictatorship until denied on the basis of a severely restricted access. In this context, was created the Network Studies and Research on Violence-RIEV in partnership with Federal University of Paraíba-UFPB and Federal University of Santa Catarina-UFSC with the objective of investigating violations of human rights during the dictatorship, such as torture, persecution and violations of the right-to-live. The study of these violations is of fundamental importance for the historical unveiling of this period, especially because they were perpetrated by agents of the State. This article aims to present part of the research undertaken to understand the official legal procedures to prevent the practice of acts of torture in the national territory and how they are understood in the Brazilian legal system, with special attention to Law 9.455, of April 7, 1997 that criminalizes torture.
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spelling doaj-art-c760989b99f24e979b3957fd79d8c1082024-12-10T16:47:17ZcatUniversitat de ValènciaArxius de Ciències Socials2990-22662024-07-014010.7203/acs.40.29209The taint of torture and the brazilian legal systemEdna Gusmão De Góes BrennandDelamar José Volpato Dutra In Brazil, the practice of torture intertwines deeply with its own history. The literature on the subject has had a greater intensification on its registers during the Dictatorial Regime (1964 to 1985). In spite of the Brazilian Constitution of 1988, Brazil only makes efforts to investigate the crimes of torture of this period to comply with the provisions of the United Nations in 2011. Within this scenario, the NationalTruth Commission (Law 12.528, of November 2011) was created with the purpose of clarifying the facts and circumstances of cases concerning human rights violations, as well as the Law on Access to Information (Law 12.527 of November 2011), which have regulated the constitutional right to access public information, valid for all areas of the public administration. These laws allowed the opening of the archives of the dictatorship until denied on the basis of a severely restricted access. In this context, was created the Network Studies and Research on Violence-RIEV in partnership with Federal University of Paraíba-UFPB and Federal University of Santa Catarina-UFSC with the objective of investigating violations of human rights during the dictatorship, such as torture, persecution and violations of the right-to-live. The study of these violations is of fundamental importance for the historical unveiling of this period, especially because they were perpetrated by agents of the State. This article aims to present part of the research undertaken to understand the official legal procedures to prevent the practice of acts of torture in the national territory and how they are understood in the Brazilian legal system, with special attention to Law 9.455, of April 7, 1997 that criminalizes torture. https://turia.uv.es/index.php/arxius/article/view/29209violencetorturelegal order
spellingShingle Edna Gusmão De Góes Brennand
Delamar José Volpato Dutra
The taint of torture and the brazilian legal system
Arxius de Ciències Socials
violence
torture
legal order
title The taint of torture and the brazilian legal system
title_full The taint of torture and the brazilian legal system
title_fullStr The taint of torture and the brazilian legal system
title_full_unstemmed The taint of torture and the brazilian legal system
title_short The taint of torture and the brazilian legal system
title_sort taint of torture and the brazilian legal system
topic violence
torture
legal order
url https://turia.uv.es/index.php/arxius/article/view/29209
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