A ATUAÇÃO DAS COMISSÕES DA VERDADE E AS GRAVES VIOLAÇÕES DE DIREITOS HUMANOS: UM ESTUDO COMPARADO ENTRE BRASIL E ÁFRICA DO SUL

Abstract

This article aims to understand the work of truth commissions in Brazil and South Africa and the different approaches to conflict resolution to the detriment of the serious violation of human rights, including using different methods for national reconciliation through the mechanisms of transitional justice. In this sense, the Brazilian military dictatorship and the apartheid regime were historical periods that provoked the serious transgressions of human rights, p. ex. political persecution and racial segregation. Therefore, the study begins by addressing the action of the National Truth Commission in the context of the Brazilian civilmilitary dictatorship. Subsequently, it investigates the scope and methods used by the Truth and Reconciliation Commission to the detriment of resolving the conflict of racial segregation during the apartheid regime. The methodology used was the bibliographic research, with qualitative, descriptive and exploratory approach research regarding the objectives. Thus, the Truth Commissions approached transitional justice and human rights violations differently, while Brazil used in some cases retributive justice, South Africa employed restorative justice mechanisms to address the serious violations that occurred during the regime. from apartheid. It is concluded that transitional justice in Brazil had been treated in a very incipient and timid manner, disregarding the other mechanisms of coping with the violation of human rights, for example, restorative justice.