Comparing Transitions to Democracy. Law and Justice in South America and Europe

Beschreibung

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis.

Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Presents the role of law and legal mechanisms in the transition

Describes the role of legal actors and institutions during transition

Outlines a comparative perspective on legal consequences of political transition

Autor*in

Cristiano Paixão

Themen in »Comparing Transitions to Democracy. Law and Justice in South America and Europe«

Constitutional History and Transitional Justice in Brazil Constitutional Politics during Brazilian Dictatorship Constitution as a Tool for Political Reform Criminal Case n. 453/8 Maria Pia Guerra Violation of the Indian Rights during the Brazilian Dictatorship International Human Rights in Post-Atrocity Prosecutions Argentina Transitional Justice Experiences Brazil Transitional Justice Experiences Chile Transitional Justice Experiences Accountability for Operation Condor Atrocities Lawyers and Transition in Chile Transitional Justice and Remembrance of Francoism in Spain Togliatti Amnesty role of the Judiciary in the Post-fascist Italy

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