Statute of amnesty and international human right courts: between the protection and the flexibilization of rights

Authors

  • Michael Procopio Ribeiro Alves Avelar Tribunal Regional Federal da 1ª Região

Keywords:

Amnesty., Rule of transition., Non-retroactivity., Criminal law., American Convention on Human Rights., Ne bis in idem.

Abstract

This paper addresses, at first, the controversy over whether amnesty is an efficient means of transitional justice or if it just represents an obstacle to punish human rights violations committed during authoritarian regimes. Thus, this paper aims to analyze the Inter-American Court of Human Rights regarding the validity of amnesty statutes as they relate to American Convention on Human Rights. Considering this case law, the purpose is to examine its effects on ne bis in idem and non-retroactivity principles and also to conclude on either a flexibilization or a strengthening of human rights.

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Published

2021-08-31

How to Cite

PROCOPIO RIBEIRO ALVES AVELAR, Michael. Statute of amnesty and international human right courts: between the protection and the flexibilization of rights. Revista do Tribunal Regional Federal da 1ª Região, [S. l.], v. 33, n. 2, p. 30–44, 2021. Disponível em: https://revista.trf1.jus.br/trf1/article/view/305. Acesso em: 23 nov. 2024.