BETWEEN SILENCES AND REPARATIONS: COMPARATIVE ANALYSIS OF DICTATORIAL LEGACIES AND TRANSITIONAL JUSTICE PROCESSES IN BRAZIL AND SPAIN

Abstract

In this article, we propose a comparative analysis of the Transitional Justice processes in Brazil and Spain after their respective traumatic experiences. Both countries sought reconciliation, avoiding direct confrontation, which, to a certain extent, compromised the policies of memory and justice for the victims of the Brazilian Military Dictatorship and Spanish Francoism. Our objective is to examine the pertinent legislation, focusing on the Amnesty Law (Law No. 6,683/1979) in Brazil and the law that provides for the Spanish amnesty (Law No. 46, of 1977), among others. We intend, therefore, to highlight the paths chosen by these two countries within the models of Transitional Justice and their impacts on memory policies. In addition, we will investigate how these choices may have contributed to the strengthening of denialist and revisionist theories, which have supported the advance of conservative and reactionary groups both in Spain and in Brazil. It is essential to emphasize that one of the essential steps of the legislative analysis methodology is the thorough reading and interpretation of the legal text. In this process, it is crucial to consider the historical, social, and political context in which each law was enacted, as well as its relationship to other legal norms and constitutional principles. This approach will allow for a deeper and more nuanced understanding of the Transitional Justice processes in both countries.