Banca de DEFESA: GLAZIA GABRIELA FERREIRA DE MACÊDO
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.STUDENT : GLAZIA GABRIELA FERREIRA DE MACÊDO
DATE: 01/07/2021
TIME: 10:00
LOCAL: VIDEOCONFERÊNCIA
TITLE:
JUSTIÇA DE TRANSIÇÃO NO BRASIL E O PROCESSO CONSTITUINTE DE 1988:Uma análise sobre a influência militar a partir da path dependence
KEY WORDS:
Transitional Justice. Constituent Process. Armed Forces. Institutional Reforms. Path Dependence
PAGES: 189
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
This dissertation analyzes how an inadequate transitional justice process in Brazil, specially because it have had the influence of militarism in the constituent process, provided traces of the authoritarian period, even with support from the constitutional provision, which contradict the current Democracy and Rule of Law. Methodologically, it is a qualitative and interdisciplinary research that used theoretical references of Law, History and Political Science. The data necessary for the research were collected through documentary research and analyzed from the contributions of the path dependence analytical tool. The comparative method was also used to verify the constitutional provisions of Brazilian Federal Constitution of 1988 and the constitutional provisions of the military regime. It was possible to verify that the transitional justice in Brazil was performed superficially and that the influence of the military leadership, which exercised the government during the period of exception, marked the beginning of democracy. Thus the measures employed during the end of military dictatorship, as well as in the constituent process, secured privileges for the military who extended their powers to the democratic system. In this way, the political transition was governed in a negotiated way and the institutional decisions taken during this conjucture, based mainly on forgetfulness policies, continue to be reinforced and the costs of reversibility increase over time. The work concludes that the positions taken during the redemocratization and the permanence of the deficit of public debates about institutional reforms configured the existente of an authoritarian legacy in the current brazilian democracy.
BANKING MEMBERS:
Interno - 3199252 - ALEXANDRE RONALDO DA MAIA DE FARIAS
Presidente - 2283078 - BRUNO CESAR MACHADO TORRES GALINDO
Interna - 3532549 - FLAVIANNE FERNANDA BITENCOURT NOBREGA
Externo à Instituição - HOMERO BEZERRA RIBEIRO