LEGAL CONSTRUCTION OF EXCEPTION SCHEME IN BRAZIL: AN OUTLINE FOR UNDERSTANDING THE TRANSITION OF JUSTICE

Abstract

This article aims to present the set of rules that justified the implementation of the authoritarian regime in Brazil since 1964, in order to identify arguments and values ​​that have determined the construction of legitimacy, the assumption of constituent power and the alleged exclusion of illegal activity by acts performed, all with the intention of bringing together elements address the possible mechanisms of transitional justice. Therefore, the methodological approach used consisted especially in the constitutions analysis devices 1946 and 1967, and amendments to the constitutions, complementary acts, institutional acts and constitutional legislation; of course, were also used the theoretical contributions that substantiated by understanding the proposed theme. The preliminary findings resulting from this article show that a political and legal construction of the authoritarian regime was strategically developed to ensure legitimacy and constitutionality to the mechanisms of power that was based on the revolutionary argument, which hinders the adoption of mechanisms to a transition of justice that transcends the Amnesty Act. The limitations of this study stem from the need to expand the historical aspects that are inherent as well as advance the jurisprudential analysis and contemporary initiatives in the political field.