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

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. Contents List of Illustrations Acknowledgments Abbreviations Chapter 1: Repression, Legality, and Authoritarian Regimes Chapter 2: National Security Legality in Brazil and the Southern Cone in Comparative Perspective Chapter 3: The Evolution of National Security Legality in Brazil and the Southern Cone Chapter 4: Political Trials in Brazil: The Continuation of a Conservative Tradition Chapter 5: “Wartime” Legality and Radical Adaptation in Chile Chapter 6: Antilegalism in Argentina Chapter 7: Defense Lawyers in Brazil’s Military Courts: Redefining Free Speech, Subversion, Terrorism, and Crime Chapter 8: Transitional Justice and the Legacies of Authoritarian Legality Chapter 9: The Sword and the Robe: Military-Judicial Relations in Authoritarian and Democratic Regimes Chapter 10: The Puzzle of Authoritarian Legality Appendix 1: A Note on Sources and Data Appendix 2: Interviews Notes Works Cited Index "Political (In)Justice compares 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 prior relationship between the judiciary and the military."--Jacket