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Comparing Transitions to Democracy. Law and Justice in South America and Europe (Paperback, 1st ed. 2021)
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Comparing Transitions to Democracy. Law and Justice in South America and Europe (Paperback, 1st ed. 2021)
Series: Studies in the History of Law and Justice, 18
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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.
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