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The Ministry of Women, Family and Human Rights (MMFDH) published, this Tuesday (7), in the Official Gazette of the Union (DOU), orders rejecting 101 requests analyzed by the Amnesty Commission in the last sessions of 2019.
Over the past year, more than 2,700 executive orders have been issued. Of these, more than 2,100 are about processes that had been analyzed by previous councils, but were at a standstill, without analysis by ministers from other administrations.
In total, more than 2,300 amnesty requests were rejected, of which around 2,100 were requests considered in previous administrations. Another 35 orders rejected requests from Air Force corporals who were dismissed during the military regime.
These cases concern Ordinance 1,104/1964, by which the Air Force limited the military service time of corporals to eight years, after which they would be automatically discharged. The Supreme Federal Court (STF) has already authorized the review of more than 2,500 amnesties granted based on this ordinance.
Reviewing these amnesties, which cost the Air Force R$31.5 million per month, is one of the ministry's work fronts. These processes will follow a specific procedure, determined by Law 9.784/99. Because of this, they are still in the notification phase. After being notified, interested parties will have a period of time to present their considerations.
The other front involves general reviews, but no ordinance has been published yet. Since the creation of the Amnesty Commission in 2001, there has never been any work in this direction. In 2019, however, the scenario changed: the ministry organized itself internally and began screening and cataloging the requests for review. These processes are ready for ministerial analysis and their ordinances should be published in February.
Amnesty commission
Amnesty cases are analyzed individually by the Amnesty Committee, even if they are included in blocks when the session agenda is drawn up. Each case is studied by the rapporteur, who prepares his/her opinion in accordance with his/her convictions. It is then voted on by all members present at the session. The committee issues an opinion and sends it to the minister for analysis.
“Considering this individual analysis, even if there are points in common between processes, each one of them has its own basis and is analyzed in its particularity. Therefore, it is unreasonable to indicate a single and general reason for deferrals or rejections”, explains the president of the Amnesty Commission, João Henrique Nascimento de Freitas.
