There is no amnesty for hiding a corpse in a dictatorship, decides Dino

In 2024, an appeal presented by the MPF was admitted by the Federal Supreme Court. As Curió passed away in 2022, the case was maintained in relation to Lício Maciel’s request for conviction.

The rapporteur was the responsibility of Minister Flávio Dino who, this Sunday, decided to examine whether the Amnesty Law is valid for crimes that are still in force, such as the concealment of corpses.

In the decision, the STF judge points to the “possibility, or not, of recognizing amnesty for the crime of concealment of a corpse (permanent crime), whose execution began before the Amnesty Law came into force, but continued uninterruptedly to be executed after its validity, in light of Constitutional Amendment 26/85 and Law no.

“Minister Flávio Dino initially decides on the existence of General Repercussion of the matter”, highlights the document.

“The decision seeks to form jurisprudence in the Court on whether the Amnesty Law applies to crimes whose execution began in the period from 1961 to 1979, but which continues to be consummated to the present, as is the case of the concealment of a corpse (art. 211 of the Penal Code)”, he explains.

The topic will now be taken to the STF Plenary.

In the decision, Dino makes it clear that the debate is limited to defining the scope of the Amnesty Law in relation to the permanent crime of concealing a corpse. According to him, this is not a review of the Amnesty Law.