48Legal Aspectsof Extrajudicial,Summary orArbitrary Executionsin Brazil66.1 The Protection of HumanRights in the Brazilian LegalSystemThe process of democratization in Brazil began after a twenty-oneyearperiod of authoritarian military rule from 1964 to 1985. During thisdictatorial regime, authorities practiced systematic torture, arbitraryarrests, forced disappearances, ideologically-based political persecution,and censorship. The executive power repressed basic rights and libertiesand rejected fundamental principles, such as the separation of powers andthe authority of state and local governments in a federal system. Acting asan autonomous institution, the Armed Forces took direct control of thegovernment's duties, effectively merging military and national power.The year 1985 marked the beginning of a gradual transitiontowards democracy. Although the political liberalization of the militaryregime brought about this transition, in the face of complex internalproblems, it was the opposition forces of civil society that accelerated themilitary's downfall. As the primary beneficiary of this liberalization, civilsociety strengthened itself through organization and mobilization,permitting important social and political achievements. New social actorsand movements surfaced, making demands and reinforcing basicprinciples of democracy.The slow, gradual democratic transition facilitated the return ofcivil control over military forces and demanded the restoration of a morejust socio-political relationship between Citizens and State. This processculminated in a new constitutional orderthe Brazilian Constitution ofOctober 5, 1988.
49The 1988 Constitution provided the legal framework fordemocratic transition and for the institutionalization of human rights inBrazil. The text marks the formal rupture with the authoritarian regimeinstalled in 1964 and reflects the "post-dictatorial" democratic consensus.After twenty-one years of authoritarian rule, this Constitution reestablishedthe rule of law, the separation of powers, federal principles,democracy, and fundamental rights based on the value of human dignity(Article I, III).The text introduces extraordinary constitutional advances in theconsolidation of fundamental rights and their guarantee, making it themost detailed and inclusive document on human rights ever adopted inBrazil. However, despite the constitutional advances that reflected civilsociety's desire for democratization, one cannot fail to recognize that thetransition was incapable of ensuring complete democratization anduniversal citizenship in Brazil. According to scholar GuillermoO'Donnell, the process of democratization may be understood asconsisting of two transitions. The first is the transition from the previousauthoritarian regime to the installation of a democratic government. Thesecond transition is from this government to democratic consolidation, in50other words, to the effective implementation of democratic rule.In the Brazilian experience, the initial rupture with the militarydictatorship set-off the transitional process toward democracy, graduallyrecovering institutions of representation and of citizenship. Throughoutthe process, the effective consolidation of democracy has arisen as thegreatest challenge to the full exercise of fundamental rights and liberties.The guarantee of free elections does not, in itself, automatically create amore just and equal society.The first period of the democratization process, the transitionfrom an authoritarian regime to the installation of a democratic one, hasbeen achieved in Brazil. However the second phase of effectiveconsolidation of democratic order, is still in progress. Today, the twenty-50. Guillermo O'Donnell, "Transitions, Continuities, and Paradoxes", in Scott Mainwaring,Guillermo O'Donnell and J. Samuel Valenzuela, Eds., Issues in Democratic Consolidation: The NewSouth American Democracies in Comparative Perspective (Notre Dame, University of Notre DamePress,1992) 18.
- Page 1 and 2: Extrajudicial, Summary or Arbitrary
- Page 3: In memory of all the victims ofextr
- Page 6 and 7: PART TWO1. Cases of Extrajudicial,
- Page 9: 91IntroductionINTRODUCTIONThe prese
- Page 12 and 13: 12Executive Summary2Homicide has re
- Page 14 and 15: 14overall, in cases with indicia of
- Page 16 and 17: 16A Brief Overviewof Extrajudicial,
- Page 18 and 19: 18equally valid in the case of extr
- Page 20 and 21: 20With the gradual transition from
- Page 22 and 23: 22carry out land reform.This practi
- Page 24 and 25: 24extrajudicial, summary or arbitra
- Page 26 and 27: 26Next, we analyze a subset of thes
- Page 28 and 29: 28At the same time, the public inte
- Page 30 and 31: 30dia-reported cases is registered
- Page 32 and 33: 32Of these media-reported cases att
- Page 34 and 35: 34POLICE VIOLENCEIn the State of S
- Page 36 and 37: 36Table 05:Distribution of Victims
- Page 38 and 39: 38Analyzing media-reported homicide
- Page 40 and 41: 40Tabela 10:Distribution of Victims
- Page 42 and 43: 42The discourse that characterizes
- Page 44 and 45: 44To these reasons, one other justi
- Page 46 and 47: 46responded favorably (either "agre
- Page 50 and 51: 50one-year legacy of authoritariani
- Page 52 and 53: 52the crime of torture in accordanc
- Page 54 and 55: 54The research presented in this re
- Page 56 and 57: 56impunity stimulates the practice
- Page 59: Part Two
- Page 62 and 63: 62delay, the accused were freed in
- Page 64 and 65: 64as Lea, who affirmed that he was
- Page 66 and 67: 66Rodrigues then kicked the victim'
- Page 68 and 69: 68penitentiary agent Severino Augus
- Page 70 and 71: 703.2. Welington Carlos de Melo, 17
- Page 72 and 73: 72shotgun, injuring Odete Cavalcant
- Page 74 and 75: 74Upon hearing the youths' explanat
- Page 76 and 77: 76carried the minor by his feet to
- Page 78 and 79: 78threatening them with a .38 calib
- Page 80 and 81: 80The police were accused in an Osa
- Page 82 and 83: 82a police station. His mother drov
- Page 84 and 85: 84hands on the roof of the car when
- Page 86 and 87: 86the bathroom. When the police fou
- Page 89 and 90: 89253Recommendations2.1 Invite the
- Page 91 and 92: 91should be authorized to subpoena
- Page 93 and 94: 93and psychological assistance.2.9
- Page 95 and 96: 952.14 Absolutely Prohibit the Use
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101ANational HumanRights Movement(M
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103victims of homicides, it is equa
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105Ceará, Piauí, Rio Grande do No
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10713. Mott, Luiz. Violação dos D
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109In Brazil, CRS supports local pa
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111human rights organizations locat
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113National Human Rights Movement(M
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115rapporteurs to develop civil soc
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117AcknowledgmentsTo the Brazilian
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119Office for Legal Assistance to G