Political (In)Justice: Authoritarianism and the Rule of Law in Brazil, Chile, and Argentina (Pitt Latin American Studies) [Paperback]

Anthony W. Pereira (Author)

Book Description

Publication Date: October 28, 2005 | ISBN-10: 0822958856 | ISBN-13: 978-0822958857 | Edition: 1

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.

Editorial Reviews

Review

“A compelling and accessible comparative account of political justice during the last wave of military rule in South America.  This readable book is useful for students and researchers trying to understand how governments can and do limit liberties in the name of security and freedom.”
--Hispanic American Historical ReviewHispanic American Historical Review

”A new and insightful lens through which to explore regime consolidation through the judiciary, going beyond the traditional focus on societal threat, military cohesion, or economic stewardship. Will be a welcome and  informative resource for students and scholars of dictatorship and democratization in Latin America and beyond."
--Journal of Latin American Studies

”A fascinating comparison of the legal systems of the military dictatorships in Brazil, Chile, and Argentina. . . . Perhaps the most useful conribution is the basic information it provides about the largely overlook institutions of authoritiarian judiciaries.”
--Perspectives on Politics

From the Back Cover

"This is a pathbreaking study of institutional and personal relations between military and judicial elites in Brazil, Chile, and Argentina, and how they laid the foundation for divergent patterns of state repression. Pereira effectively mines the institutional legacies of the past to offer a nuanced account of why some authoritarian states relied more on coercive violence than legal measures to fight their internal enemies. He also underscores the importance of turning greater disciplinary attention to the rule of law and the ways that military priorities and institutions affected the administration of the justice system in its entirety."--Diane E. Davis, Massachusetts Institute of Technology

"Pereira has researched the important topic of Brazil's legal system under authoritarian rule using the excellent, but underutilized, source material from the Nunca Mais archives. He makes the provocative argument that prior legal traditions shape the use of laws and courts under authoritarian rule. The book is written well, making it accessible and interesting to both specialists and a general reading public."--Leigh Payne, University of Wisconsin-Madison

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Product Details

• Paperback: 280 pages
• Publisher: University of Pittsburgh Press; 1 edition (October 28, 2005)
• Language: English
• ISBN-10: 0822958856
• ISBN-13: 978-0822958857
• Product Dimensions: 9.1 x 6.1 x 0.8 inches
• Shipping Weight: 14.4 ounces (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #323,294 in Books (See Top 100 in Books)
  • #34 in Books > History > Americas > South America > Chile
  • #47 in Books > History > Americas > South America > Argentina
  • #70 in Books > History > Americas > South America > Brazil

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5.0 out of 5 stars Interesting new approach towards authoritarian courts, February 1, 2011

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This review is from: Political (In)Justice: Authoritarianism and the Rule of Law in Brazil, Chile, and Argentina (Pitt Latin American Studies) (Paperback)

Anthony Pereira's Political (In)Justice: Authoritarianism and the Rule of Law in Brazil, Chile, and Argentina makes a valuable contribution to the small but growing literature on courts in authoritarian regimes. While other scholars have focused on rational-choice models for why authoritarian elites sometimes permit or even encourage judicial empowerment, Pereira argues that the type of regime matters. In particular, he notes that more radical military juntas in South America tended to pursue extrajudicial repression, while conservative ones allowed some judicialization. Pereira believes that a policy consensus between military and judicial officers and the amount of integration between the two corps within the military justice system make it more likely for the military to attempt to work with judges rather than around them. Overall, Pereira develops his theory with case studies from Brazil, Chile, and Argentina, and even expands the discussion to Nazi Germany, Franco's Spain, and Salazarian Portugal. He also extends his analysis into the U.S., which I thought was a bit tangential to his thesis, as was the discussion on transitional justice. Still, this should provide ample fodder for future research ideas in this field.