Right to Memory after Authoritarian Regimes

This article explores the right to memory within the Inter-American Human Rights System, focusing on Brazil's Amnesty Commission as a key institution in implementing transitional justice in the country. Drawing on Brazil's condemnation by the Inter-American Court of Human Rights in the Gomes Lund and Herzog cases, the article shows how the right to memory has been repeatedly undermined. It also contrasts this Latin American legal framework with European-style memory laws, highlighting the distinct role memory plays in post-authoritarian contexts marked by enforced silence. It argues that the Commission initially advanced the right to memory by integrating individual reparations with public remembrance of the civil-military dictatorship (1964-1985). However, under Temer's and Bolsonaro's governments (2016-2022), the Commission was misappropriated to promote revisionist narratives, including the legitimization of known torturers. The study concludes by assessing the challenges of re-establishing the Commission's legitimacy under President Lula's government, amid ongoing disputes over the meaning of the dictatorship. Ultimately, the article contends that misusing transitional justice institutions not only re-victimizes survivors but also impedes democratic reconstruction and violates international legal obligations concerning memory and truth.