LEI DE ANISTIA E OS ATOS DE 8 DE JANEIRO: ENTRE A MEMÓRIA, A RESPONSABILIDADE E A DEMOCRACIA CONSTITUCIONAL

This article critically examines the invocation of the Amnesty Law in the context of the anti-democratic acts that occurred on January 8, 2023, in light of the 1988 Brazilian Constitution, International Human Rights Law, and the jurisprudence of national and international courts. It is based on the premise that amnesty, as an exceptional legal institute, is subject to explicit and implicit constitutional limits, particularly when confronted with the protection of democracy, constitutional order, and fundamental rights. The study adopts a qualitative, theoretical-bibliographical and jurisprudential approach, analyzing decisions of the Brazilian Supreme Court and the Inter-American Court of Human Rights. It explores the distinction between political crimes and anti-democratic acts, as well as the role of memory, truth, and accountability as guarantees of non-repetition. The article concludes that an expansive application of the Amnesty Law to conduct that undermines the democratic regime is incompatible with contemporary constitutionalism and poses a serious risk to the integrity of constitutional democracy in Brazil.