Resumo

QUARETTI, Lucía. Los represores entre la igualdad y la excepcionalidad: la reapertura de los juicios por los crímenes del pasado reciente (Argentina 2003-2007). Sociohistórica [online]. 2023, n.51, e191. ISSN 1852-1606.  http://dx.doi.org/https://doi.org/10.24215/18521606e191.

In this article we propose to analyze the meanings acquired by the notions of the equal and the exceptional during the reopening of trials for dictatorship crimes in Argentina between 2003 and 2007. To achieve our purpose we studied the decrees, legislative debates and Supreme Court rulings that enabled to resume the path to justice, which was interrupted by the enforcement of the impunity laws. We argue that the legal equality between criminals against humanity and common criminals was defended by those who were against the reopening of trials. They considered that rights of defendants were an unshakable value. On the other hand, the displacement of rights of defendants, placed in the domestic law, by international human rights law, which would allow to reopening the trials, was conceived as an exceptional situation. Nevertheless, from this point of view, that was the appropriate way to restore the equality between perpetrators and citizenship, suspended by the enforcement of the impunity laws.

Palavras-chave : Argentina; Recent history; Trials for crimes against humanity; Notions of equal and exceptional.

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