A ditadura militar aconteceu aqui: proteção multinível do direito à memória e à verdade no caso da comissão da verdade do estado do Pará

Abstract

The present research analyzes the concepts of Right to Memory and Right to Truth, exploring the intersection between the Multilevel Protection of Human Rights and Transitional Justice. The focus is on the actions of the State Commission of Truth and Memory of Pará, examining its relevance in a multilevel and dialogical context. The investigation is guided by the following central question: “To what extent does the State Commission of Truth of Pará contribute to the Multilevel Protection of the Right to Memory and Truth in Brazil?” The primary objective is to verify how the verticalization of Memory and Truth construction occurs based on the experience from Pará, which represents one of the manifestations of the phenomenon of commissionism in Brazil. For the development of this dissertation, a deductive research method was adopted, with a historiographic approach, utilizing bibliographic, jurisprudential, and documentary reviews as research tools. The framework of the study begins with the historical context of the Military Regime, established by a Civil- Military Coup in the early months of 1964, which imposed a context of repression, surveillance, and institutionalized censorship for 21 years, resulting in severe violations of Human Rights. This cycle of violations culminated in 1985 with a slow and gradual reopening guided by broad and unrestricted amnesty, marking the beginning of Brazil's transitional period. The transition project in Brazil emphasizes public policies focused on Memory and Truth, particularly with the establishment of the National Truth Commission (CNV) in 2011, which seeks to historically reconstruct the past, albeit without the possibility of punishing those responsible for violations or reforming institutions. In this context, Brazilian Transitional Justice presents several inconsistencies that undermine its effectiveness, especially when compared to transitional justice standards established by the United Nations and the Inter-American Human Rights System. The challenges of Brazil's transition give rise to the phenomenon of commissionism, leading to the creation of various state-level Truth Commissions that complement CNV's work in a multilevel transition. Thus, this study will analyze Brazilian Transitional Justice in conjunction with Multilevel Protection and the dialogical relationships among different levels of human rights protection—subnational, national, and international—especially in Latin America. To illustrate this dynamic, a case study will be conducted on the State Commission of Truth of Pará, highlighting the interrelations between international, national, and subnational levels in constructing Memory and Truth in the country.