Brasília - In 2001 the Brazilian government set up a Special Commission on Deaths and Disappearances, which investigates occurrences during the military dictatorship (1964-85) in which people were killed or disappeared. The government also set up another group, the Amnesty Commission, which investigates damages caused by the dictatorship. Both commissions have the authority to order indemnity payments.

There are a number of controversial aspects to the work by the commissions. Regarding the Deaths and Disappearances Commission, on one hand, there is the thorny question of how much should be paid, for example, to the surviving family of someone killed by the police because he or she was a militant who opposed the government. And, on the other, there is the difficult decision the family has to make regarding whether or not to accept what is offered.

This part of the controversy has come to light again this week with the announcement of a series of decisions by the Deaths and Disappearances Commission. In examing eight cases where indemnity was requested, the commission decided to award indemnity payments in five of those cases, and dismissed the other three.

Another part of the controversy concerns the other commission - the Amnesty Commission - and its indemnity payment decisions. When it began working in 2001, this commission was flooded with some 40,000 cases. Since then, a court decision (in November 2002) has further expanded the definition of "damages caused by the dictatorship" to include moral (or mental) hardships. The flood turned into a deluge. The problem is that the Death and Disappearances Commission has an indemnity payment ceiling of US$54,900 (R$150,000), while the Amnesty Commission has no ceiling and has paid individuals amounts exceeding the other commission's cap (in other words, it is possible for a person who suffered mental anguish during the dictatorship,to get more indemnity than the family of someone murdered during the dictatorship).

Then there is the case of Anita Leocádia Prestes, the daughter of Brazil's most prominent communist, Luiz Carlos Prestes (1898-1990), and his mistress, Olga Benario (1908-42). Her mother died in a Nazi concentration camp (where Anita had been born) after being deported to Germany by the Getulio Vargas administration. Anita requested benefits from the Amnesty Commission which would help her with her retirement and was offered a payment of US$36,600 (R$100,000), which she refused saying: "This is something you do not pay for with money, at least not this case."

Pursuant to their bylaws, the commissions can receive requests for indemnity until next week - December 12, 2004 is the final deadline. Since it began operating, the Deaths and Disappearances Commission has approved payments varying from US$36,600 (R$100,000) to US$54,900 (R$150,000) in a total of 323 cases.

Agência Brasil
Reporter: Fabrício Ofugi
Translator: Allen Bennett
12/3/2004

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