The Federal Supreme Court (STF) will begin judgment next Friday (13) on an action that discusses whether crimes of concealment of a corpse committed during the military dictatorship are protected by the Amnesty Law. The analysis was scheduled by Minister Flávio Dino and will take place in the Court’s virtual plenary, with a deadline for voting until February 24th.
The action questions the scope of the Amnesty Law, enacted in 1979, which granted pardon for political and related crimes committed between September 2, 1961 and August 15, 1979. At the center of the debate is the thesis that the concealment of a corpse is a permanent crime, which continues over time as long as there is no clarification on the victim’s whereabouts.
According to this understanding, as the crime would continue to be carried out after the period covered by the amnesty, it could not be automatically achieved by the pardon granted by law. The discussion has a direct impact on investigations and criminal actions related to forced disappearances that occurred during the military regime.
If the majority of ministers adopt this interpretation, the decision could pave the way for the criminal liability of agents involved in cases of body concealment, ruling out the application of amnesty in these specific episodes. The trial is considered one of the most relevant in recent years regarding transitional justice and accountability for human rights violations during the dictatorship period.
