Political (In)Justice: Authoritarianism and the Rule of Law in Brazil, Chile, and Argentina

Political (In)Justice: Authoritarianism and the Rule of Law in Brazil, Chile, and Argentina

by Anthony W. Pereira
     
 

ISBN-10: 0822958856

ISBN-13: 9780822958857

Pub. Date: 10/28/2005

Publisher: University of Pittsburgh Press

Why 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

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Overview

Why 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.

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Product Details

ISBN-13:
9780822958857
Publisher:
University of Pittsburgh Press
Publication date:
10/28/2005
Series:
Pitt Latin American Series
Edition description:
1
Pages:
280
Product dimensions:
6.00(w) x 9.00(h) x 0.70(d)

Table of Contents

Ch. 1Repression, legality, and authoritarian regimes1
Ch. 2National security legality in Brazil and the southern cone in comparative perspective16
Ch. 3The evolution of national security legality in Brazil and the southern cone37
Ch. 4Political trials in Brazil : the continuation of a conservative tradition63
Ch. 5"Wartime" legality and radical adaptation in Chile90
Ch. 6Angilegalism in Argentina117
Ch. 7Defense lawyers in Brazil's military courts : redefining free speech, subversion, terrorism, and crime140
Ch. 8Transitional justice and the legacies of authoritarian legality159
Ch. 9The sword and the robe : military-judicial relations in authoritarian and democratic regimes173
Ch. 10The puzzle of authoritarian legality191

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