Direito à memória e à verdade: uma análise crítica a partir das práticas transicionais

Abstract

The thesis makes a critical analysis of the Right to Memory and Truth and its ethical foundation from the practices adopted in Transitional Justice. The diversity of approaches taken by transitional practices has not eliminated the risk of continuing violence and new threats to Human Rights in the post-transitional space. The research problem is to know what meanings the Right to Memory and Truth were used in transitional practices and from which perspectives the (in)adequacy of memory policies adopted by the Transitional Justice can be evaluated. The study focuses (1) on examining the dilemmas imposed on memory from the Nuremberg trials and the reach of memory admitted by modernity; (2) on understanding memory from a phenomenological approach and in its ethical foundation; (3) on the analysis of the meanings that transitional practices gave to memory and (4) on the investigation of the correlations between memory, truth, forgiveness and forgetting and the space occupied by remembrance facing vetting policies and toppled statues. The theoretical framework of the research covers the phenomenological understanding of Paul Ricoeur and Tzvetan Todorov and the ethical foundation of Walter Benjamin. The thesis is based on the phenomenological approach method. It adopts comparative and historical parameters as procedural methods and uses bibliographic and documentary research techniques. It concludes that the meanings attributed to memory by transitional practices adopted the dichotomous linearity attributed to memory on modernity, which (1) made an adequate ethical foundation of memory by the Transitional Justice impossible and (2) led to insufficiency, in the post-transitional space, of the protective parameters of memory. In order to overcome the incompleteness of memory, the study proposes the conception of political memory, refractory to the dichotomies of memory and ethically committed to the victims, and to questioning the thoughtless advances of progress.