Political (in)justice: Authoritarianism and the Rule of Law in Brazil, Chile, and ArgentinaWhy do attempts by authoritarian regimes to legalize their political repression differ so dramatically? Why do some dispense with the law altogether, while others scrupulously modify constitutions, pass new laws, and organize political trials? Political (In)Justice answers these questions by comparing the legal aspects of political repression in three recent military regimes: Brazil (1964-1985); Chile (1973-1990); and Argentina (1976-1983). By focusing on political trials as a reflection of each regime's overall approach to the law, Anthony Pereira argues that the practice of each regime can be explained by examining the long-term relationship between the judiciary and the military. Brazil was marked by a high degree of judicial-military integration and cooperation; Chile's military essentially usurped judicial authority; and in Argentina, the military negated the judiciary altogether. Pereira extends the judicial-military framework to other authoritarian regimes--Salazar's Portugal, Hitler's Germany, and Franco's Spain--and a democracy (the United States), to illuminate historical and contemporary aspects of state coercion and the rule of law. |
Contents
Repression Legality and Authoritarian Regimes | 1 |
National Security Legality in Brazil and the Southern Cone in Comparative Perspective | 16 |
Political Trials in Brazil The Continuation of a Conservative Tradition | 63 |
Copyright | |
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Political (in)justice: Authoritarianism and the Rule of Law in Brazil, Chile ... Anthony W. Pereira No preview available - 2005 |
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acquittal rate actions acts American appeal Argentina armed armed forces army attempt authoritarian legality authoritarian regimes Brazil Brazilian Brazilian military Buenos Aires charges Chile Chilean military civil civilian Commission Communist Comparative Congress consensus conservative constitutional convicted coup created crimes death defendants defense lawyers democracy democratic disappeared elites emergency example executive existence forces former groups human rights important institutions internal involved judges judicial judiciary June killed largely Latin America leaders less March military courts military justice military regime military rule national security national security law officers opponents opposition organizations Party Paulo percent period police political prisoners political trials President Press prior prosecuted radical regime's regional repression response seen sentences social society Studies subversive Supreme Court terror took torture transition United University violence York
References to this book
The Struggle for Constitutional Power: Law, Politics, and Economic ... Tamir Moustafa Limited preview - 2007 |