ADPF 153 | |
---|---|
Court | Supreme Federal Court |
Full case name | ADPF 153 (Federal Council of the Order of Attorneys of Brazil v. President of the Republic) |
Decided | 29 April 2010 |
Citation(s) | ADPF 153 |
Court membership | |
Judge(s) sitting | President Justices |
Case opinions | |
Decision by | Grau |
Concurrence | Peluzo, Mello, Aurélio, Mendes, Lúcia and Gracie |
Dissent | Britto 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]
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]
Supreme Court members | Ministers | Yes | No |
---|---|---|---|
Ayres Britto | 1 | 1 | |
Cármen Lúcia | 1 | 1 | |
Celso de Mello | 1 | 1 | |
Cezar Peluso | 1 | 1 | |
Gilmar Mendes | 1 | 1 | |
Marco Aurélio Mello | 1 | 1 | |
Ellen Gracie | 1 | 1 | |
Eros Grau | 1 | 1 | |
Ricardo Lewandowski | 1 | 1 | |
Total | 9 | 02 | 07 |
Prosecutor General | Prosecutor | Yes | No |
---|---|---|---|
Roberto Gurgel | 1 | 1 | |
Total | 1 | 0 | 1 |
The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. 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.
Lesbian, gay, bisexual and transgender (LGBT) rights in Brazil rank among the highest in the world.
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.
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases. Its competence is described in Article 105 of the Brazilian Constitution of 1988.
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
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.
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.
Enrique Ricardo Lewandowski is a Brazilian judge and former justice of the Supreme Federal Court of Brazil.
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.
Clèmerson Merlin Clève is a Brazilian jurist, Law school professor, and lawyer.
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.
Italic text
Benevenuto Daciolo Fonseca dos Santos, known as Cabo Daciolo, is a Brazilian military firefighter, pastor and politician affiliated to the Brazilian Woman's Party (PMB). In 2014, he was elected federal deputy. He was expelled from the Socialism and Liberty Party (PSOL) in 2015 and later affiliated to the Labour Party of Brazil, Patriota, Podemos (PODE), Liberal Party and the Brazilian Woman's Party (PMB).
The President of the Supreme Federal Court is the highest-ranking officer of the Brazilian judiciary branch. The holder is also president of the National Council of Justice (CNJ). Among their attributions are the representation of both the Court and the Council before the other branches of government and authorities, the presidency of plenary sessions of both institutions, enforce the Court and Council bylaws, the decision of points of order in both of its subjection to their respective floors, the decision of injuction during recess or vacation and swear in justices of the Supreme Court and councillors of CNJ.
Super Rádio Tupi is a Brazilian radio station based in the city of Rio de Janeiro, Rio de Janeiro (state), Brazil. It specialises in entertainment, sports, and news broadcasting on FM 96.5 MHz. Rádio Tupi was inaugurated in 1935 by the journalist Assis Chateaubriand, and is owned by media conglomerate Diários Associados. Its studios are located in the Rio de Janeiro headquarters of Diários Associados, in the neighborhood of São Cristóvão. It is the second most listened to radio station in Rio de Janeiro, with 210 thousand listeners per minute between 5am and midnight, in June and August 2020.
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.
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).