“No amnesty!” or “With amnesty!”?

A study of the constitutionality of amnesty for those involved in January 8, 2023

Abstract

The popular uprising in Brasília on January 8, 2023, sparked intensedebates about the potential amnesty for those involved in this insurrection episode.A political clash ensued over amnesty, with the slogan “No amnesty!” being adopted by supporters of President Luiz Inácio Lula da Silva. This study examines theconstitutionality of this possible initiative, highlighting arguments against amnesty,such as diversion of purpose, violation of the separation of powers, and inconsistency with the constitutional text. It proposes a historical approach to amnestiesin Brazilian legal tradition, analyzing their relationship with the interpretation ofcompatibility of this potential amnesty with a possible impediment outlined in thecurrent Constitution and the interpretation by the Supreme Federal Court. Thisanalysis seeks to clarify whether there were express or implicit prohibitions on amnesties in previous constitutional texts and how the Supreme Federal Court hasinterpreted this issue, providing a response for future debates on the topic.