amnesty is the pardon granted on an official basis. It is an act of the legislature that extinguishes the consequences of a punishable fact and any process over it.
The word amnesty comes from the Greek amnesia, which means "forgetfulness". In its current meaning, the act of amnesty is to cause a “forgetfulness” of the offenses committed, that is, it creates a legal fiction, as if the illegal conduct had never been practiced.
Amnesty is a concept of law, but when used informally in the sense of forgiving it can be synonyms the words forgiveness and absolution.
Amnesty Law in Brazil
In Brazil, the Amnesty Law is governed by Law Decree No. 6,683 of August 28, 1979. Signed by President João Baptista Figueiredo, still during the Military Dictatorship, the Amnesty Law in Brazil forgives the political crimes committed from 1961 to 1979, with the exception of those convicted of terrorism, kidnapping, assault and attack personal.
The Brazilian Amnesty Law is a resource of political amnesty which intended to restructure Brazilian democracy after 15 years of military dictatorship. Amnesty in Brazil made it possible for several political prisoners or exiles in other countries to return to their activities prior to March 1964. And it also benefited agents and agents of the repression who committed crimes of political motivation as well.
Learn more about the meaning of military dictatorship in Brazil.
In 2002 the Amnesty Commission, to repair crimes and violations of Human Rights committed in Brazil between 1946 and 1988.
tax amnesty
Tax amnesty is provided for in article 180 of the National Tax Code, and can only be granted for crimes prior to the law granting the concession. It only occurs in the case of violations of tax laws, such as in the case of non-payment of certain taxes. It does not apply to tax crimes and misdemeanors.
The tax amnesty aims to reduce the tax burden on companies and is granted through a specific law of the legislative body that instituted the respective taxes or contributions.
penal amnesty
Criminal amnesty is irrevocable and is the exclusion of liability in a criminal action, but that does not extinguish civil liability. It is a decision of the State not to convict the defendant used when he is already convicted, or to avoid the process as a whole. It only occurs if the amnesty is not a repeat offender.
Difference between amnesty, grace and pardon
The terms amnesty, grace and pardon are sometimes used interchangeably. But they have differences in their concepts:
At amnesty the crime is extinguished, as well as its consequences and punishment. It is related to political crimes and granted by the Legislative Power.
THE grace keeps the crime and its consequences, eliminating only the penalty. It is for common crimes, must be requested individually and is granted by the President of the Republic.
O pardon, as well as grace, the penalty is excluded, but even so the crime and its consequences remain for the defendant. It serves for common crimes, and is granted by the President of the Republic collectively and spontaneously.
Learn more about the meaning of Pardon.
Amnesty International
Amnesty International, whose original name is Amnesty International, is an international organization that was founded in 1961 and fights for human rights.
One of its goals is to provide assistance to individuals who have been imprisoned for their political ideologies. Many of these are tortured or sentenced to great sentences, with no possible defense.
Amnesty International won the Nobel Peace Prize in 1977.