A efetivação do direito humano e fundamental à memória frente à justiça de transição: perspectivas comparadas Brasil-Espanha

Abstract

Considering that the importance of human and fundamental rights derives from its comprehension as a historical construction, then, we can cogitate memory as an essential part of these rights. In this way, we think that the acts of human rights violations, regarding the principle of human dignity, committed during authoritarian governments, should be carefully discussed searching for non-repetition and strengthening of the democracy. In this regard, we sustain that memory is a right, and its disrespect results in offensives consequences for human kind, such as the denial of information and the proper formation of the citizens about the past, which may be connected to the crimes that have, at some point, devastated humanity. The main characteristic of a right to memory is: (a) to be a right of access, preservation and transmission of the past, essential to the formation of the national identity, (b) used to the consolidating of democracy, avoiding the repetition of past authoritarian practices, (c) connected with the possibility of participation in many versions about the past in the construction of collective memory. The right to memory is an integral part of transitional justice, as one of its dimensions, and it can be considered essential in the processes of democratic openness, avoiding that vulgar speeches regarding intolerance and violence could consolidate themselves. Therefore, we are able to point out the importance of this right in Spain and its quest for oblivion and maintenance of part of the previous regime, despite of a long term dictatorship regime (1939-1975). Similar to the spanish process, we have Brazil and its own civil-military dictatorship of 1964-1985, with a transitional process marked by the existence of a broad amnesty that that ended up including the perpetrators of crimes against humanity. Thus, by the method of deductive approach and historical-comparative procedure, we delimit the concept of human and fundamental right to memory, and some public policies on the subject in Spain and Brazil; as there are similarities and differences in their unfolding, then there may be a possible exchange of experiences.