“Justiça de transição” pós-ditadura na América Latina: um estudo comparado entre Brasil e Chile

Abstract

This study analyzes and compares the implementation of transitional justice in Brazil and Chile, covering the timeframe from the transfer of executive power to civilians (Brazil, 1985; Chile, 1990) until April 2026. The hypothesis is that authoritarian legacies and the inefficiency of transitional justice mechanisms compromised reparation for victims, contributing to the persistence of authoritarian practices in these countries. It is concluded that although both countries faced challenges in a transition from above, Chile demonstrated greater effectiveness in transitional justice, driven by legislative reforms that dismantled the authoritarian enclaves of the 1980 Constitution and by the work of successive truth commissions.. In Brazil, initiatives such as the National Truth Commission represented advances; however, the preservation of the Amnesty Law and institutional delay limited full reparations, a scenario aggravated by recent democratic regression.