MundoAndino Home : Argentina Guide at MundoAndino
Ley de Punto Final
1986 in Argentina
Argentine law Forum
Ley de Punto Final was a law passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganizacion Nacional (which started with a coup d'etat in 1976 and ended in 1983). Formally, this law is referred to by number (Law No. 23492), like all others in Argentine legislation, but Ley de Punto Final is the only designation in common use, even in official speeches.Law 23492 - Full text of the Ley de Punto Final.
The law dictates the end of investigation and prosecution against people accused of political violence during the dictatorship, up to the restoration of democratic rule on 10 December 1983. It was passed on 24 December 1986, after only a 3-week debate. Its text is very short; it has seven articles. Article No. 5 excepts from the application of the law the cases of identity forgery and forced disappearance of minors.
The Ley de Punto Final was extremely controversial in its time and afterwards. It was proposed by the Radical administration of President Raul Alfonsin as a means to stop the escalation of trials against military and others, after the Trial of the Juntas had dealt with the top of the military hierarchies. In the Chamber of Deputies, 114 deputies voted for the law, 17 against, and 2 abstained; in the Senate, 25 senators voted for, and 10 against.
This law had a complement in the Ley de Obediencia Debida (Law of Due Obedience), which exempted subordinates from accusation when they were carrying out orders. These two laws were repealed by the National Congress in 2003, and then definitely voided as unconstitutional by the Supreme Court of Justice on 14 June 2005. This allowed for the re-opening of cases that involved crimes against humanity. The first of such cases, which involved the former Buenos Aires Provincial Police second-in-command Miguel Etchecolatz, ended in September 2006 and laid down jurisprudence by acknowledging that the dictatorship's state terrorism was a form of genocide.
Juicio a las Juntas
Ley de Obediencia Debida
Need more information for your travel research or homework?
Ask your questions at the forum about Argentine law or help others to find answers.
This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article Ley de Punto Final