ADPF 153

Last updated
ADPF 153
Supreme Federal Court of Brazil.jpg
Court Supreme Federal Court
Full case nameADPF 153 (Federal Council of the Order of Attorneys of Brazil v. President of the Republic)
Decided29 April 2010 (2010-04-29)
Citation ADPF 153
Court membership
Judges sittingPresident

Cezar Peluso

Justices

Case opinions
Decision byGrau
ConcurrencePeluzo, Mello, Aurélio, Mendes, Lúcia and Gracie
DissentBritto and Lewandowski
Keywords

ADPF 153 was a constitutional review case ruled by the Brazilian Supreme Federal Court, which the Order of Attorneys of Brazil (OAB) requested the acknowledgment of the inconstitutionality of the Amnesty Law. Ruled in April 2010, the Supreme Court considered the case unfounded in a voting of 7 to 2. [1] [2]

Contents

History

ADPF 153 document, ruled by rapporteur Justice Eros Grau Acordao na Arguicao de Descumprimento de Preceito Fundamental 153-DF.pdf
ADPF 153 document, ruled by rapporteur Justice Eros Grau

In the collapse of the military dictatorship in Brazil, the government passed an amnesty in August 1979 which exempted from any penalties and eventual sanction all the political and related crimes occurred in Brazil from September 1961 to 15 August 1979. [3] "Related crimes", according to the single paragraph of the first article of the law, were "crimes of any nature related with political crimes or committed with political motivation". [4] The Order then requested a clarification of this excerpt, averting the amnesty of common crimes committed by public agents, such as murder, enforced disappearance and torture of their opponents. [5]

Then Prosecutor General of the Republic, Roberto Gurgel, manifested against the request. [6] In a two-day trial in April 2010, six justices concurred with justice Eros Grau to reject the appeal. According to him, the Supreme Court couldn't review the "historical agreement that permeated the fight for a broad, general and unrestricted amnesty". [7]

Later on, the Inter-American Court of Human Rights ruled, in the "Gomes Lund vs. Brazil" case, that the amnesty wasn't in compliance with the international obligations of the Brazilian State ratified with the American Convention on Human Rights. [8] Due to this, the Socialism and Liberty Party (PSOL) filed another appeal (ADPF 320), aiming to reppeal the amnesty. [9]

High Court decision

Supreme Court of Brazil. STF Plenario.jpg
Supreme Court of Brazil.

Judiciary representation

Supreme Court members MinistersYesNo
Ayres Britto 11
Cármen Lúcia 11
Celso de Mello 11
Cezar Peluso 11
Gilmar Mendes 11
Marco Aurélio Mello 11
Ellen Gracie 11
Eros Grau11
Ricardo Lewandowski 11
Total90207

Public Prosecutor's Office representation

Prosecutor General ProsecutorYesNo
Roberto Gurgel 11
Total101

Related Research Articles

<span class="mw-page-title-main">Supreme Federal Court</span> Supreme court of Brazil

The Federal Supreme Court is the supreme court of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.

<span class="mw-page-title-main">LGBT rights in Brazil</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.

<span class="mw-page-title-main">Order of Attorneys of Brazil</span>

The Order of Attorneys of Brazil (National Bar Association of Brazil) (Portuguese: Ordem dos Advogados do Brasil) is the Brazilian Bar Association, founded in 1930. It is an organization of lawyers and responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília, Federal District. The OAB has 1,065,304 lawyers (2018). This number rose to 1,211,309 as of early 2021.

<span class="mw-page-title-main">Superior Court of Justice (Brazil)</span> Highest body of the Judiciary in Brazil

The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional issues regarding federal law. The STJ also has original jurisdiction over some cases. Its jurisdiction is provided for in Article 105 of the Brazilian Constitution.

<span class="mw-page-title-main">Judiciary of Brazil</span> Public entities designated by the Brazilian constitution

The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.

<span class="mw-page-title-main">Cezar Peluso</span>

Antonio Cezar Peluso is a Brazilian jurist. He was a member of the Supreme Federal Court and has been the Court's Chief Justice from April 2010 to April 2012.

<span class="mw-page-title-main">Conselho Nacional de Combate à Discriminação</span> Brazilian executive council

The National Council for the Rights of Lesbian, Gay, Bisexual, Transvestite, Transsexual, Queer, Intersex, Asexual and Other People, formerly the National Council for Combating Discrimination and Promoting the Rights of Lesbians, Gays, Bisexuals, Transvestites and Transsexuals until 2018, is an executive council under the Ministry of Human Rights and Citizenship. The is located in Brasília, in the Federal District, in Brazil.

<i>Zero Hora</i> Brazilian newspaper

Zero Hora is a Brazilian newspaper based in the city of Porto Alegre, the sixth biggest of the country. It is edited by Grupo RBS.

Electronic process of law is a nowadays phenomenon, related to the use of computer systems in courts and other public departments in their procedural activities.

José Augusto Delgado was a Brazilian Justice.

<span class="mw-page-title-main">Ricardo Lewandowski</span> Brazilian judge

Enrique Ricardo Lewandowski is a Brazilian judge and former justice of the Supreme Federal Court of Brazil. He's the son of a Polish father and Swiss mother, who immigrated to Brazil after the Second World War.

<span class="mw-page-title-main">Ficha Limpa</span> Brazilian electoral law

Lei da Ficha Limpa or Complementary Law no. 135 of 2010 is a Brazilian act that amended the Conditions of Ineligibility Act. It was the fourth bill proposed by direct people's initiative as law in Brazil. It was devised by Judge Marlon Reis and received about 1.3 million signatures before being submitted to the National Congress. The act makes a candidate who has been impeached, has resigned to avoid impeachment, or been convicted by a decision of a collective body ineligible to hold public office for eight years, even if possible appeals remain.

<span class="mw-page-title-main">Clèmerson Merlin Clève</span>

Clèmerson Merlin Clève is a Brazilian jurist, Law school professor, and lawyer.

<span class="mw-page-title-main">Torture in Brazil</span>

In Brazil, the use of torture – either as a means of obtaining evidence through confession or as a form of punishment for prisoners – dates back to colonial times. A legacy of the Inquisition, torture never ceased to be applied in Brazil during the 322 years of the colonial period, nor later, during the 67 years of the Empire and the republican period.

Paulo Pinto de Albuquerque is a Portuguese judge born in Beira, Mozambique and was the judge of the European Court of Human Rights in respect of Portugal from April 2011 to March 2020.

<span class="mw-page-title-main">Rosa Weber</span> Brazilian judge and former Minister of Supreme Court

Rosa Maria Pires Weber is a Brazilian magistrate, former justice and former president of the Supreme Federal Court, former president of the Superior Electoral Court and former justice of the Superior Labor Court.

<span class="mw-page-title-main">Erika Hilton</span> Brazilian politician (born 1992)

Erika Santos Silva, known as Erika Hilton, is a Brazilian politician and activist for black and LGBT rights. Hilton studied teaching and gerontology before entering politics.

<span class="mw-page-title-main">Cristiano Zanin</span> Brazilian lawyer

Cristiano Zanin Martins is a Brazilian attorney and professor who serves as justice of the Supreme Federal Court. He gained notoriety as personal attorney of president Luiz Inácio Lula da Silva in lawsuits related to Operation Car Wash.

<span class="mw-page-title-main">Luciana Boiteux</span>

Luciana Boiteux de Figueiredo Rodrigues is a Brazilian lawyer, professor of criminal law and criminology at the Federal University of Rio de Janeiro (URFJ), researcher, feminist, and human rights activist. She is currently a councilwoman for the city of Rio de Janeiro, affiliated with the Socialism and Liberty Party (PSOL).

<i>ADPF 442</i> Ongoing abortion case of the Supreme Court of Brazil

ADPF 442 is an ongoing case of the Supreme Court of Brazil concerning the decriminalization of abortion, in any circumstance, up to 12 weeks of pregnancy. As it stands, the Brazilian Penal Code prohibits abortion except in cases of rape and risk to the mother's life, and in the case of anencephalic fetuses.

References

  1. "STF é contra revisão da Lei da Anistia por sete votos a dois". Supremo Tribunal Federal (in Brazilian Portuguese). 29 April 2010. Archived from the original on 4 May 2010. Retrieved 14 September 2023.
  2. Barrientos-Parra, Jorge; Mialhe, Jorge Luís (2012). "Lei da Anistia - Comentários à sentença do Supremo Tribunal Federal no caso da ADPF 153" (PDF). Senado Federal (in Brazilian Portuguese) (194). Brasília: Revista de Informação Legislativa. Retrieved 14 September 2023.
  3. Roesler, Claudia Rosane; de Mello Senra, Laura Carneiro (2012). "Lei de anistia e justiça de transição: a releitura da ADPF 153 sob o viés argumentativo e principiológico". Scielo (in Brazilian Portuguese). Florianópolis: Revista Sequência. doi:10.5007/2177-7055.2012v33n63p131. ISSN   2177-7055 . Retrieved 14 September 2023.
  4. "Lei n° 6.683, de 28 de agosto de 1979". Palácio do Planalto (in Brazilian Portuguese). 28 August 1979. Retrieved 14 September 2023.
  5. "OAB contesta no STF Lei da Anistia para crimes cometidos em nome do Estado". Migalhas (in Brazilian Portuguese). 22 October 2008. Retrieved 14 September 2023.
  6. "PGR se manifesta pela improcedência da ADPF sobre a Lei da Anistia". Migalhas (in Brazilian Portuguese). 1 February 2010. Retrieved 14 September 2023.
  7. Bonin, Robson (29 April 2010). "STF rejeita ação da OAB e decide que Lei da Anistia vale para todos". G1 (in Brazilian Portuguese). Retrieved 14 September 2023.
  8. Volpini Silva, Carla Ribeiro; Wanderley Junior, Bruno (5 December 2015). "A responsabilidade internacional do brasil em face do controle de convencionalidade em sede de direitos humanos: conflito de interpretação entre a jurisdição da Corte Interamericana de Direitos Humanos e o Supremo Tribunal Federal quanto a Lei de anistia" (PDF). Corte Interamericana de Derechos Humanos (in Brazilian Portuguese). Revista de Direito Internacional. doi:10.5102/rdi.v12i2.3699 . Retrieved 14 September 2023.
  9. "Ação do PSOL que questiona a Lei da Anistia espera julgamento no STF há 5 anos". Partido Socialismo e Liberdade (in Brazilian Portuguese). 31 July 2019. Retrieved 14 September 2023.