The 1979 Amnesty Law in Brazil: overcoming legal–structural obstacles for its resignification through a new participatory constitutional jurisdiction (STF)

{…} Transitional justice has not had its guidelines fully implemented, due to the persistence of legal-structural obstacles, including the attempted coup of January 8, 2023, with an attack on the physical headquarters of the Supreme Federal Court.

The objective of this work is to identify and resignify the constitutional mechanisms capable of reviewing Law No. 6,683 of August 28, 1979 (Brazil, 1979), and thereby comply with the determination in the judgment Gomes Lund and others (Araguaia guerrilla) v. Brazil (CorteIDH, 2010).

Under this desideratum, we seek to answer the following question: how should the Brazilian Republic, through jurisdictional means, comply in a democratic-constitutional manner with the decision of the Inter-American Court in the Gomes Lund case in order to imple­ment the guidelines of transitional justice in Brazil?

One of the proposals made in this work is the creation of a CON­STITUTIONAL JURY COURT as a way of participatory improvement (with citizen participation) of the constitutional jurisdiction of the STF and in the cases listed by the author {…}