Direito à memória e à verdade: as recomendações do relatório final da comissão nacional da verdade como parâmetros de efetivação de direito fundamental e a questão do revisionismo ideológico no Brasil

Abstract

By considering the normative and jurisprudential framework of the right to memory and truth in Brazil, as well as the Recommendations of the Final Report of the National Truth Commission as parameters for measuring the effectiveness of these rights, this thesis aims to verify whether the non-observance of these recommendations, through ideologically revisionist and/or historically denialist discourses and practices of State agents regarding the interpretation of historical facts/documents of the Brazilian civil-military dictatorship from 1964 to 1985, compromise the effectiveness of the right to memory and truth in Brazil and, consequently, influence the vulnerability of the Democratic Rule of Law adopted by the Federal Constitution of 1988, as a founding constitutional principle of the Brazilian State. To this end, adopting the hypothetico-deductive model and through bibliographic and documentary research, the definitions of ideological revisionism and historical denialism were presented in the context of the structuring of Transitional Justice, which began in the post-World War II period and was also applied to a greater or lesser extent in the period after the military regime of 1964. It was found that the promotion of a discursive rhetoric based on ideological revisionism and/or historical denialism or a policy of forgetting the past, and the consequent low effectiveness of the recommendations of the Final Report of the National Truth Commission, tend to contribute to a compromise of the consolidation of the Democratic Rule of Law and the return of authoritarian and anti-democratic outbursts in Brazil. The low effectiveness of the right to memory and truth has put Brazilian democracy at risk. Looking at the serious human rights violations to understand how the forces of repression acted in the dictatorial context, as well as promoting the implementation of the fundamental human rights agenda and the strengthening of democratic institutions is imperative to defend democracy and build a better future for all of us.