scholarly journals Forensic investigation, truth and trust in the context of transitional justice in Brazil

2017 ◽  
Vol 3 (2) ◽  
pp. 74-97 ◽  
Author(s):  
Marco Aurelio Guimarães ◽  
Raffaela Arrabaça Francisco ◽  
Sergio Britto Garcia ◽  
Martin Evison ◽  
Maria Eliana Castro Pinheiro ◽  
...  
Keyword(s):  
Transitional Justice ◽  
Transition To Democracy ◽  
Truth Commissions ◽  
Military Government ◽  
Forensic Investigation ◽  
Political Repression ◽  
Justice Process ◽  
Forensic Investigations ◽  
The Military

Truth commissions are widely recognised tools used in negotiation following political repression. Their work may be underpinned by formal scientific investigation of human remains. This paper presents an analysis of the role of forensic investigations in the transition to democracy following the Brazilian military governments of 1964–85. It considers practices during the dictatorship and in the period following, making reference to analyses of truth commission work in jurisdictions other than Brazil, including those in which the investigation of clandestine burials has taken place. Attempts to conceal the fate of victims during the dictatorship, and the attempts of democratic governments to investigate them are described. Despite various initiatives since the end of the military government, many victims remain unidentified. In Brazil, as elsewhere, forensic investigations are susceptible to political and social influences, leading to a situation in which relatives struggle to obtain meaningful restitution and have little trust in the transitional justice process.

The Role of Reparations in the Transition from Violence to Peace

2017 ◽  
Author(s):  
Peter J. Dixon
Keyword(s):  
Political Violence ◽  
Transitional Justice ◽  
Theory And Practice ◽  
Truth Commissions ◽  
Humanitarian Law ◽  
Social Changes ◽  
Postconflict Reconstruction ◽  
Justice Process ◽  
Forms Of Violence

Reparations are among the most tangible, victim-centric, and personal of processes in the transition from violence to peace, symbolizing the recognition that an individual has been harmed and has rights in the eyes of the state or international community. Reparations are also an inherently political project, transforming official visions of violence, responsibility, and victimization into material and psychological benefit. Despite the power of reparations to shape transitions from violence to peace, they have been too often ignored in practice, leaving most victims of gross violations of human rights and serious violations of international humanitarian law without reparation. Partly as a consequence, research has tended to focus more on “harder” processes, like trials and truth commissions, than on the “stepchild of postconflict justice.” Yet, there have been significant developments in reparations theory and practice that motivate key outstanding questions for researchers. Reparations derive their symbolic power from the law, which is an imperfect tool for responding to the varied forms of violence experienced in conflict and to the diverse, sometimes contradictory, priorities and needs that people hold. In such contexts, there is an inherent tension between expanding reparations programs to be inclusive and adaptable and preserving their fundamental distinction as a justice process. This is a difficult balance to strike, but there are frameworks and questions that can offer useful guidance. In particular, the lenses of economic violence and positive peace are useful for articulating the role of reparations in postconflict transitions, offering conceptual expansion beyond transitional justice’s traditional concern for political violence without delving too far into the customary terrain of development or postconflict reconstruction. Yet, the specific mechanisms through which the inward and outward feelings and attitudes and broader social changes that reparations are expected to produce remain undertheorized in transitional justice scholarship, in large part because of a lack of empirical evidence about how recipients experience them in practice. Does the restoration of civic trust, for example, depend upon recipients of individual reparations telling their neighbors about their payments? Does recognition as a citizen depend upon a beneficiary publicly self-identifying as a victim? Questions like these about the particular variables that drive reparations outcomes represent the next frontier for transitional justice researchers interested in the role of reparations in the transition from violence to peace.

scholarly journals ARQUITETURA, IDEOLOGIA E PRODUÇÃO: o uso do edifício público como veículo de comunicação no período do “Regime Militar” brasileiro

Revista Labor ◽  
2017 ◽  
Vol 1 (18) ◽  
pp. 1
Author(s):  
Eneas de Araújo Arrais Neto
Keyword(s):  
Economic Development ◽  
Public Sector ◽  
Military Government ◽  
Specific Group ◽  
The Public ◽  
Design Project ◽  
Architectural Language ◽  
The Military ◽  
The City

Este artigo tem como objetivo analisar os edifícios sedes dos órgãos públicos federais construídos na cidade de Fortaleza durante os anos de vigência do “Regime Militar”. Parte da compreensão de que a arquitetura, enquanto objeto de fruição coletiva, assume o papel de meio de comunicação de massa no espaço urbano e, como tal, foi um dos instrumentos de divulgação ideológica dos governos militares dirigidos aos setores sociais urbanos; veiculando principalmente idéias de modernização, desenvolvimento, racionalidade, onipotência do poder estatal e autoritarismo. Analisa igualmente as influências, neste processo, da cultura de classe do setor burocrático-estatal, e propõe que estas edificações, ao estabelecerem novos padrões estéticos e de utilização de materiais e equipamentos de procedência tecnológica estrangeira, se constituíram em elementos importantes do processo de abertura da economia nacional ao capital multinacional, em particular no que diz respeito ao mercado da construção civil.Abstract This paper presents the arquitectural critique of a specific group of edifications built in the city of Fortaleza during the period of the military governments in Brazil. The character of the architecture developed by the military government in public buildings in this period is common all over the country: the facilities were built to with the intention to occupy the cities as out-doors of the military governments, diffusing images of modernization, rationality, economic development and the power of the state.   Through the use of architectural language, by the means of design, project, materials, forms and other ways, the architecture of the public sector played the role of ideology, besides introducing imported materials and equipment previously unused in the building sector of the country.

The Resilient Constitution

2021 ◽  
pp. 277-309
Author(s):  
David Dyzenhaus ◽  
Alma Diamond
Keyword(s):  
South Africa ◽  
South African ◽  
Transitional Justice ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Extreme Pressure ◽  
The Face ◽  
Justice Process ◽  
The One

This chapter evaluates the so called 'transitional constitution' of South Africa and the 'permanent constitution' of Colombia. Through a comparative approach, it contends that constitutions are better understood in terms of their resilience rather than either being transitional or permanent, and that a 'resilient constitution' is the one capable of springing back even after being subjected to extreme pressure, as long as leaders maintain their commitment to governing within the limits of the law. In this sense, the differences between the Colombian transitional justice and the South African case do not stem primarily from the 'permanence' of its Constitution, but rather from the difficulties and tensions inherent to any transitional justice process, because it derives from some of the very rights it is designed to promote. The chapter then details how the jurisprudence of the Colombian Constitutional Court on transitional matters can be understood as having moved from an understanding of the Constitution as permanent, to one of resilience that does not represent a new power grabbed by the Court. Rather than that, it signals an understanding of the role of the Court in maintaining a constitutional order even in the face of existential threats to it.

Transitional Justice without Transition

2020 ◽  
pp. 397-446
Author(s):  
Beth Van Schaack
Keyword(s):  
Transitional Justice ◽  
Institutional Reform ◽  
International Community ◽  
Political Transition ◽  
Truth Commissions ◽  
Truth Telling ◽  
Historical Case ◽  
Reconstruction Process ◽  
History Of ◽  
Justice Process

The penultimate chapter offers a discussion of the prospects for a genuine transitional justice process in Syria. Chapter 10 begins with a short history of the development of the archetypal tools within the transitional justice toolkit—criminal accountability, truth commissions, reparations, amnesties, lustration, institutional reform, and guarantees of nonrecurrence—and the way in which transitional justice efforts have become increasingly internationalized. This enhanced involvement of the international community in promoting transitional justice reflects the belief—premised on historical case studies and emerging empirical research—that societies in transition must address the crimes of the past in some capacity or risk their repetition. The chapter surveys the most recent research testing these claims, which has benefited from the creation of a number of new databases gleaned from states in transition. The chapter then describes ways in which the international community has tried to prepare for a future transitional justice process in Syria even in the absence of a political transition, including by training Syrian advocates, surveying Syrian communities to understand their knowledge of transitional justice and preferences for Syria, promoting psychosocial rehabilitation and solidarity among victims, and preparing for truth-telling exercises and institutional reform measures. The conclusion suggests ways in which the international community could still promote some form of transitional justice as part of the reconstruction process, even if Assad remains in power, which seems increasingly likely.

Military Government in Latin America, 1959–1990

2011 ◽  
Author(s):  
Brian E. Loveman
Keyword(s):  
Latin American ◽  
Transitional Justice ◽  
Armed Forces ◽  
Extensive Literature ◽  
Military Government ◽  
Civil Military Relations ◽  
Foreign Policies ◽  
The Government ◽  
Military Relations ◽  
The Military

Latin America’s armed forces have played a central role in the region’s political history. This selective annotated bibliography focuses on key sources, with varying theoretical, empirical, and normative treatments of the military governments in the region, from the Cuban Revolution (1959) until the end of the Cold War (1989–1990). The article is limited to those cases in which military governments or “civil-military” governments were in power. This excludes personalist dictatorships, party dictatorships, and civilian governments in which the armed forces exercised considerable influence but did not rule directly. No pretense is made of comprehensiveness or of treating the “causes” of military coups (a vast literature) and of civil-military relations under civilian governments. Likewise, the closely related topics of guerrilla movements during this period, human rights violations under the military governments, US policy and support for many of the military governments, and the transitions back to civilian government (including “transitional justice”) are not covered in depth, but some of the selections do treat these topics and direct the reader to a more extensive literature on these subjects. Long-term military governments, with changing leadership in most cases, controlled eleven Latin American nations for significant periods from 1964 to 1990: Ecuador, 1963–1966 and 1972–1978; Guatemala, 1963–1985 (with an interlude from 1966–1969); Brazil, 1964–1985; Bolivia, 1964–1970 and 1971–1982; Argentina, 1966–1973 and 1976–1983; Peru, 1968–1980; Panama, 1968–1989; Honduras, 1963–1966 and 1972–1982; Chile, 1973–1990; and Uruguay, 1973–1984. In El Salvador the military dominated the government from 1948 until 1984, but the last “episode” was from 1979 to 1984. Military governments, though inevitably authoritarian, implemented varying economic, social, and foreign policies. They had staunch supporters and intense opponents, and they were usually subject to internal factionalism and ideological as well as policy disagreements. The sources discussed in this article reflect that diversity.

Wreck/Conciliation? The Politics of Truth Commissions in Thailand

2014 ◽  
Vol 14 (3) ◽  
pp. 377-404 ◽  
Author(s):  
Duncan McCargo ◽  
Naruemon Thabchumpon
Keyword(s):  
Political Violence ◽  
Truth Commissions ◽  
Security Forces ◽  
Reconciliation Commission ◽  
The Government ◽  
The Military ◽  
The Way

More than ninety people died in political violence linked to the March–May 2010 “redshirt” protests in Bangkok. The work of the government-appointed Truth for Reconciliation Commission of Thailand (TRCT) illustrates the potential shortcomings of seeing quasi-judicial commissions as a catch-all solution for societies struggling to deal with the truth about their recent pasts. The 2012 TRCT report was widely criticized for blaming too much of the violence on the actions of rogue elements of the demonstrators and failing to focus tightly on the obvious legal transgressions of the security forces. By failing strongly to criticize the role of the military in most of the fatal shootings, the TRCT arguably helped pave the way for the 2014 coup. Truth commissions that are unable to produce convincing explanations of the facts they examine may actually prove counterproductive. Following Quinn and Wilson, we argue in this article that weak truth commissions are prone to politicization and are likely to produce disappointing outcomes, which may even be counterproductive.

scholarly journals Transitional Production of Knowledge For Civic Trust and Social Integration: Social Science in the Transitional Justice Process

2019 ◽  
Vol 2 (2) ◽  
pp. 231
Author(s):  
Katarzyna Marta Głąb
Keyword(s):  
Social Sciences ◽  
Transitional Justice ◽  
Social Reform ◽  
Main Argument ◽  
Narrow Sense ◽  
Production Of Knowledge ◽  
Dynamic Relation ◽  
Justice Process ◽  
The Relationship

This article aims to show that transitional justice should be understood extensively, going beyond the legal-criminal view (transitional justice in the narrow sense). The main argument of research is that social sciences offer a prepared methodological set, without which it is impossible to study these processes effectively, and thus it is impossible to carry out effective social reform, what the cases of some countries show. More andmore often, this is said about the significant role of reconciliation, buildingsocial trust and social cohesion, achieved through extra-legal means, using non-judicial mechanisms. The author intentions to highlight the rooting of transitional justice in this broader sense in social sciences and outline the relationship between truth and political regimes, explaining the dynamic relation of truth-knowledge to political power, but also to highlight the issue of overcoming the problematic universality of transitional justice.

Why Political Appointments to Truth Commissions Cause Difficulties for these Institutions: Using the Crisis in the Transitional Justice Process in Nepal to Understand How Matters of Legitimacy and Credibility Undermine Such Commissions

2020 ◽  
Vol 12 (2) ◽  
pp. 444-470
Author(s):  
Jeremy Sarkin ◽  
Ram Kumar Bhandari
Keyword(s):  
Transitional Justice ◽  
International Standards ◽  
Truth Commissions ◽  
Moral Integrity ◽  
Divided Societies ◽  
The Past ◽  
Post Conflict ◽  
The World ◽  
Justice Process ◽  
Political Appointments

Abstract Over five decades and with dozens of examples of truth commissions to look back on, an undeniable aspect of their legacy is that the world has become far more focused on dealing with the past and uncovering the truth about past atrocities. While there is typically a focus in the literature on the more widely publicized and famous truth commissions, scores of other processes have taken place, especially since the 1990s. Post-conflict or divided societies have designed institutions in ways that achieve specific objectives but at the same time conform to international standards, creating a reputation of being both democratic and accountable. Using the prism of Nepal, this article examines why the process to establish transitional justice mechanisms, and specifically truth commissions, needs to be legitimate and credible for them to be effective and be impactful. It specifically examines issues relating to appointments to such institutions and why such appointments need to be done independently and not overtly politically. It scrutinizes why appointment mechanisms and processes are so important to enhancing the legitimacy and independence of such bodies. The case of Nepal is used as an example to extrapolate conclusions about the problems that affected its processes, and the various crises that have emerged in those processes. The article argues that commissioners ought to be chosen on the basis of their impartiality, moral integrity, and known commitment to human rights and disclosure of the truth. This is essential to ensure that the process is seen to be independent and credible.

Transition to Democracy and the Belief in Social Inclusion (1985–1993)

2016 ◽  
Author(s):  
Lee J. Alston ◽  
Marcus André Melo ◽  
Bernardo Mueller ◽  
Carlos Pereira
Keyword(s):  
Social Inclusion ◽  
Import Substitution ◽  
Transition To Democracy ◽  
The Political ◽  
Right Wing ◽  
Business Sector ◽  
Military Government ◽  
Long Run ◽  
Political Sector ◽  
The Military

This chapter discusses the factors, especially changing beliefs, that led to redemocratization and the subsequent institutional changes during the years 1985–1993. After the military government, the middle class demanded more inclusion in the political arena. To a certain extent, this happened with multiple parties, and only one claiming to be a right-wing party. Unexpectedly, the franchise was given to illiterates seemingly because the belief in social inclusion warranted it; the illiterates were not in the streets clamoring for the vote. The granting of the franchise to illiterates had few short-term, but many long-run, consequences. Moreover, the business sector was less open than the political sector, with the initial maintenance of import substitution programs. Business was still in the hands of elites with lots of regulations as well as ways to avoid regulations—for a price.

The Idea of Corporate Transitional Justice: Paths to Corporate Criminology in Brazil

2021 ◽  
pp. 073401682110380
Author(s):  
Eduardo Saad-Diniz
Keyword(s):  
Transitional Justice ◽  
Authoritarian Regimes ◽  
Military Regime ◽  
The Body ◽  
Corporate Accountability ◽  
The Past ◽  
Criminological Research ◽  
The Military ◽  
Justice Studies

The essay aims to exam corporate complicity with authoritarian regimes of the past and contemporary practices for the purposes of developing the body of corporate criminology. The opening of Brazilian criminological research to the role of companies during the military regime shines new lights on corporate accountability and may, when investigating the corporate complicity with authoritarian dynamics, also open new avenues for the transitional justice studies. Especially with regard to the idea of Corporate Transitional Justice, it assumes the need for broader debates about the historical continuum and different forms of business contributions and aspects of harming and victimizing in the corporate field.

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