scholarly journals O Desencontro entre Direito à Informação e Direito à Verdade: Análise das Práticas da Controladoria-Geral da União / The Mismatch Between the Right to Information and the Right to Truth: An Analysis of the Practices of the Office of the Comptroller General of the Union

2016 ◽  
Author(s):  
Marcio Camargo Cunha Filho
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Information ◽  
Military Dictatorship ◽  
Right To Information ◽  
Historical Truth ◽  
The Right ◽  
The Military ◽  
Two Sides

Resumo: Os direitos à informação e à verdade foram introduzidos conjuntamente na ordem jurídica brasileira, como duas faces da mesma moeda. Ambos foram pensados como instrumentos tardios da justiça de transição, ou seja, como elementos de uma reforma institucional que visava à busca da verdade como forma de reparação às graves violações de direitos fundamentais ocorridas durante o período ditatorial.  No entanto, a atuação dos principais órgãos responsáveis pela efetivação da Lei de Acesso à Informação no Poder Executivo Federal – a Controladoria-Geral da União (CGU) e a Comissão Mista de Reavaliação de Informações (CMRI) – têm tornado inócua esta importante função da Lei, indo de encontro a teses jurídicas consolidadas na Corte Interamericana de Direitos Humanos (CIDH) e na Organização de Estados Americanos (OEA). Palavras-chave: Direito à Informação; Direito à Verdade; Justiça de Transição; Controladoria-Geral da UniãoAbstract: The right to information and the right to truth were conceived in the Brazilian judicial system at the same time, as two sides of the same coin. Both were idealized as late instruments of the Transitional Justice, or, in other words, as part of an institutional reform that aimed at searching historical truth as a mechanism of reparation for violations of human rights occurred during the military dictatorship. Nevertheless, the performance of the main public entities responsible for enforcing the Brazilian Freedom of Information Act – the Office of the Comptroller General and the Commission on Reevaluation of Information – have emptied this important role of the Act, in antagonism with the orientations provided by the Inter-American Court of Human Rights and the Organization of American States.Keywords: Right to Information; Right to Truth; Transitional Justice; Office of the Comptroller General

scholarly journals MEMÓRIA, HISTÓRIA E RELAÇÕES DE PODER * MEMORY, HISTORY AND POWER RELATIONS

2015 ◽  
Vol 4 (3) ◽  
pp. 327
Author(s):  
Sonale Diane Pastro de Oliveira ◽  
Maria Gabriela Silva Martins da Cunha Marinho
Keyword(s):  
Human Rights ◽  
Collective Memory ◽  
Transitional Justice ◽  
Power Relations ◽  
Historical Record ◽  
Military Regime ◽  
American System ◽  
The Right ◽  
The Military ◽  
Change Memory

<p><strong>Resumo:</strong> Superado o regime militar, o Brasil tornou-se signatário de acordos internacionais de defesa e promoção dos direitos humanos. Apesar disso, até recentemente, o país negligenciou princípios e fundamentos da justiça de transição previstos pelo Sistema Interamericano de Direitos Humanos, entre eles, o direito à verdade, fato que o coloca à margem daquele Sistema. O artigo pontua aspectos políticos da transição-redemocratização política que podem explicar o adiamento da instalação da Comissão Nacional da Verdade no país, criada somente em 2011, e acentua também o caráter contraditório do processo. Especificamente, a análise assinala o fato de que ao transitar da memória para a história, como pretensamente fazem as comissões da verdade, os indivíduos que se aventuram no registro histórico estarão manejando e interferindo na memória coletiva, na percepção e na identidade da qual fazem parte, o que transforma memória em poder.   <br /><strong></strong></p><p><strong>Palavras-chaves:</strong> Comissão da Verdade; Memória; Relações de Poder; Direitos Humanos; Democracia.  </p><p><strong>Abstract:</strong> Overcoming the military regime, Brazil has become signatory of the international defense agreements and promotion of human rights. Yet, until recently, the country has neglected to foundations of transitional justice provided for the Inter-American System of Human Rights, between them, the right of truth, fact that stands aside that system. The article points out political aspects of transitional policy re-democratization which may explain the setting up progress of the National Truth Committee in the country, created only in 2011, and also emphasizes the contradictory procedure. Specifically, the analysis indicates the fact that going through memory to history, the way supposedly the Truth Committees do, the individuals who venture into a historical record will be managing and interfering in the collective memory, perception and identity from which they take part and change memory into power.  <br /><strong></strong></p><p><strong>Keywords:</strong> The Truth Committee, Memory and Power Relations, Human Rights, Democracy.<strong> </strong></p>

scholarly journals Government Transparency: Reality or Mirage?

2017 ◽  
Vol 15 (3) ◽  
pp. 725-736
Author(s):  
Noemia Rute Peres de Bessa Vilela ◽  
Jose Caramelo Gomes ◽  
Paulo Morais
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
International Agreements ◽  
Freedom Of Information ◽  
Public Authorities ◽  
Political Choices ◽  
Right To Information ◽  
The Right ◽  
Diverse Groups ◽  
Different Levels

All citizens are entitled to access governmental information as, only if properly informed, that they can participate in politics. The right to information is enshrined in a number of international agreements, including Article 19 of the Universal Declaration of Human Rights. The right of citizens to access public authorities’ information is called Freedom of information. This information plays a crucial role in informing the population so that they can make accurate political choices. The mere disposal of information is not enough, as much of public documents suffer from complex language and other technicalities that can prevent an informed use of the information. Thus, sites displaying information must be adapted in order to guarantee usability, functionality and accessibility; there must be different levels of information, as there are diverse groups of individuals with different skills. Such usability, functionality and accessibility require designing effective communications, paying attention to balancing the complexity that citizens can manage and the complexity that those responsible for the requested information are producing.

scholarly journals Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights

2021 ◽  
pp. 300-327
Author(s):  
Florabel Quispe Remón
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Next Of Kin ◽  
Human Right ◽  
Origin And Evolution ◽  
Role Of The State ◽  
The Status ◽  
The Right

The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always pro homini, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

The Historian’s Role, Public History, and the National Truth Commission in Brazil

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Samantha Viz Quadrat
Keyword(s):  
Public History ◽  
Truth Commission ◽  
Final Report ◽  
Military Dictatorship ◽  
Brazilian Government ◽  
The Right ◽  
The Military ◽  
The Relationship ◽  
National Reconciliation ◽  
Do So

AbstractIn 2011, twenty-six years after the end of the military dictatorship, the Brazilian government took the initiative of implementing the right to memory and to the truth, as well as promoting national reconciliation. A National Truth Commission was created aiming at examining and shedding light on serious human rights violations practiced by government agents from 1946 to 1985. It worked across the entire national territory for almost three years and established partnerships with governments of other countries in order to investigate and expose the international networks created by dictatorships for monitoring and persecuting political opponents across borders. This article analyzes the relationship between historians and the National Truth Commission in Brazil, in addition to the construction of dictatorship public history in the country. In order to do so, the Commission’s relationship with the national community of historians, the works carried out, as well as historians’ reactions towards its works, from its creation until its final report in 2014, will be examined.

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