On the ruins of the democratic transition: human rights as an agenda item in abeyance for the Brazilian democracy. Bulletin of Latin American Research, v. 32, p. 325-338, 2013. (original) (raw)
Related papers
2016
The paper, the result of research and theoretical discussions in the Postgraduate Program in Law and the Centre for Citizenship, Civil Society and Rule of Law (CISRUL) of the University of Aberdeen in the UK, has as main purpose to analyse the Brazilian historical and socio-political process of human rights developments during the output of the country's military authoritarian rule and its arrival at a constitutional democracy from the perspective of the spiral model of human rights change theory developed by Risse, Ropp and Sikkink (2013; 1999). In addition, based on the concept of social authoritarianism developed by Dagnino (2014; 2000; 1998; 1993), the paper explains why even though Brazil has been transformed into a constitutional democracy, there is still a widespread scenario of human rights violations. Finally, the paper let us reason together by the need to change the material basis of Brazilian society, in order to enable the construction of a new project of society, more egalitarian and where there is the realization of human rights. Key-words: Human Rights; Democracy; Spiral Model of Human Rights Change. Social Authoritarianism
This article aims to show how Brazilian institutions are coming to the conclusion that the crimes perpetrated by state agents during the Brazilian dictatorship of 1964–1985 are crimes against humanity. This conclusion is now being reflected in few judicial rulings but, paradoxically, in several institutional opinions (delivered by prosecutors, truth and reparatory commissions). The article provides an approach to the historical context of Brazilian dictatorship and the transitional justice measures that came after that exception period. An overview of how criminal responsibility for crimes perpetrated by Brazilian public agents was put aside during several decades will have a climax in the Brazilian Federal Supreme Court (Brazilian Supremo Tribunal Federal) holding of 2010. On the flip side, the condemnation of Brazil by the IACtHR in the Gomes Lund Case will be followed by the incorporation of the notion of crimes against humanity. In conclusion, it will be possible to ascertain that Brazilian institutions started to conform to the normative demands of international human rights law concerning criminal individual responsibility, even if judicial authorities obstinately resisting it.
The Return of Brazil to the International Arena of Human Rights
Estefânia Maria de Queiroz Barboza & Melina Girardi Fachin, The Return of Brazil to the International Arena of Human Rights, Int’l J. Const. L. Blog, Feb. 12, 2023, at: http://www.iconnectblog.com/2023/02/the-return-of-brazil-to-the- international-arena-of-human-rights/, 2023
Talking about Brazil’s return to the international human rights arena has a logical antecedent assumption that presupposes its withdrawal from this stage. The Brazilian authoritarian escalation, which culminated with the election of Jair Bolsonaro, marks the Brazilian isolation in international protection forums. Brazil shifted from protagonist to peer in these matters. During the last four years, corresponding to the Bolsonaro administration, Brazil has also experienced its decline from a human rights perspective. This is not by chance because there is a common anti-human rights agenda within this populist and authoritarian wave with which Bolsonaro aligns himself. Bolsonaro’s authoritarian populism and his rise are linked to factors common to his administration. Like other populist leaders, Bolsonaro portrayed himself as a political outsider and secured his election through an anti-pluralist discourse that exploited Brazil’s economic crisis and political polarization.
Although the transition to democracy began in the middle of 1980's, Brazilian society has not yet experienced a peaceful social life. New forms of violence have emerged in in the last two decades including the increase of violent crimes, gross human rights violations, organized crime and conflicts within social and subjective relationships. The paper discusses the policies of the Fernando Henrique Cardoso administrations (1995-2002) regarding human rights and public security. It examines the social and political constraints in which government initiatives are based and the successes as well as the failures on the efficiency of these public policies.
Revista Sequência: estudos jurídicos e políticos, 2020
The main purpose of this study is to focus on the consequences of torture and other atrocities occurred during the Brazilian military coup. Through hypothetical-deductive and inductive methods, it aims to expose the decision of the Supreme Court concerning the Amnesty Law, international condemnation of Brazil in Araguaia case and the responsibility of the State for the death and disappearance of the bodies, including lack of transparency, which are significant worries about transitional law rules. It concerns not only the past, but also has prospective effects, as taking the state oppression out of invisibility contributes to the consolidation of democracy. Título: Direito de Transição e Democracia: responsabilidade tardia pela tortura e outras atrocidades ocorridas na Ditadura Militar brasileira Resumo: O principal objetivo do presente estudo é analisar as consequências da tortura e de outras atrocidades ocorridas no Brasil na dita-dura militar. Por meio do emprego dos métodos hipotético-dedutivo e indutivo, procura-se expor a decisão do Supremo Tribunal Federal no tocan-te à extensão interpretativa da Lei de Anistia, a condenação internacional do Brasil no caso Araguaia, diante das mortes e do desaparecimento forçado de corpos, incluindo a falta de transparência, sendo essas as preocupações da Justiça de Transição. Trata-se de assunto que diz respeito não apenas ao passado, mas que tem efeitos prospectivos, pois trazer da invisibilidade o tema da opressão estatal é uma medida que contribui para a consolidação da democracia. Palavras-chave: Justiça de Transição. Democracia. Ditadura Militar Brasileira. OBS: Direito autoral e licença de uso: Este artigo está licenciado sob uma Licença Creative Commons.Com essa licença você pode compartilhar, adaptar, para qualquer fim, desde que atribua a autoria da obra, forneça um link para a licença, e indicar se foram feitas alterações.
Memory's Turn: Reckoning with Dictatorship in Brazil
2014
Books in the se ries Crit i cal Human Rights em pha size re search that opens new ways to think about and under stand human rights. The se ries val ues in par tic u lar em pir i cally grounded and in tel lec tu ally open re search that es chews sim plified ac counts of human rights events and pro cesses.
Legacies and repercussions of the military dictatorship in the Brazil of today: Introduction
2016
Since Dilma Rousseff was re-elected President of Brazil in 2014, the country has been extremely polarised as the opposition continues to find it difficult to accept its defeat. But already in 2013 and 2014 there were waves of protests against a range of issues: against the increase of the price of bus tickets (rescinded), against all the money spent for the organisation of the world football championship in 2014, against a homophobic proposal by the human rights committee in Congress (withdrawn), etc. Since 2015, the protests are mostly against the president and her political party, the Partido dos Trabalhadores (PT). As these lines are written (November 2015), a part of the opposition wishes to see President Dilma disappear as president, through impeachment, although there seems to be no legal basis for this procedure, renunciation, or otherwise. Since the protests began, there has been a small group which has been advocating the return of the military regime, as according to these...
O presente artigo, resultado de investigações e discussões teóricas realizadas no Programa de Pós-Graduação em Direito e no Centro para Cidadania, Sociedade Civil e Estado Democrático de Direito (CISRUL) da Universidade de Aberdeen no Reino Unido, tem como escopo principal analisar o processo histórico e sócio-político brasileiro de transformações de direitos humanos durante a saída do país do domínio autoritário militar e sua chegada à democracia constitucional, sob a perspectiva da teoria do modelo espiral de mudança de direitos humanos (spiral model) desenvolvida por Risse, Ropp and Sikkink (2013; 1999). Além disso, com base no conceito de autoritarismo social desenvolvido por Dagnino (2014; 2000; 1998; 1993), o artigo explica porque apesar de o Brasil ter se transformado em uma democracia constitucional, há ainda um cenário generalizado de violações de direitos humanos no país. Por fim, o artigo argui pela necessidade de se mudar as bases materiais da sociedade brasileira, de forma a possibilitar a construção de um novo projeto de sociedade, mais igualitária e na qual haja a efetivação dos direitos humanos. Palavras-chave: Direitos Humanos; Democracia; Teoria de Mudança de Direitos Humanos em Espiral (Spiral Model); Autoritarismo Social. The paper, the result of research and theoretical discussions in the Postgraduate Program in Law and the Centre for Citizenship, Civil Society and Rule of Law (CISRUL) of the University of Aberdeen in the UK, has as main purpose to analyse the Brazilian historical and socio-political process of human rights developments during the output of the country's military authoritarian rule and its arrival at a constitutional democracy from the perspective of the spiral model of human rights change theory developed by Risse, Ropp and Sikkink (2013; 1999). In addition, based on the concept of social authoritarianism developed by Dagnino (2014; 2000; 1998; 1993), the paper explains why even though Brazil has been transformed into a constitutional democracy, there is still a widespread scenario of human rights violations. Finally, the paper let us reason together by the need to change the material basis of Brazilian society, in order to enable the construction of a new project of society, more egalitarian and where there is the realization of human rights. Key-words: Human Rights; Democracy; Spiral Model of Human Rights Change. Social Authoritarianism