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Brazil's Supreme Court to Decide if Amnesty Covers Ongoing Concealment of Dictatorship Victims

A binding test of whether hiding remains counts as a continuing offense could reopen paths to prosecution.

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Dino é relator de caso envolvendo guerrilheiros do PCdoB, partido ao qual foi filiado.

Overview

  • The STF will hold a virtual plenary from Feb. 13–24 to rule on the reach of the 1979 Amnesty Law in cases of concealment of corpses from the military era.
  • The case has repercussão geral, so the decision will set a nationwide precedent for similar prosecutions.
  • Relator Flávio Dino says the review delimits the law’s scope rather than overturns it and has allowed the Coalizão Brasil to join as amicus curiae.
  • The appeal stems from a 2015 MPF complaint against Army officers Lício Maciel and Sebastião Curió tied to the Guerrilha do Araguaia, which lower courts dismissed under the amnesty.
  • Inter-American human-rights jurisprudence treating forced disappearance as a permanent, non-amnestyable crime is a key reference for the justices.