Judiciário e autoritarismo: estudo comparado entre Argentina e Brasil

Abstract

This paper analyzes comparatively procedures adopted by the authoritarian regimes of Argentina (1976-1983) and Brazil (1964- 1985) in relation to the judiciary. Its corporate purpose is to identify strategies used by the judiciary, such schemes in order to mitigate impressions of discontinuities or institutional abnormalities. To that end, it makes the analysis from two interpretative principles: ideological positivism and the adoption of the doctrine of national security. In the face of authoritarian legality, it presents evidence that the judiciary has adopted the theory of law and fact in order to mitigate the break with the rule of law. From the national security speech, projects the similarity in the narrative constructed by the judiciary with conservative Latin American model. Brings elements of each constitutional history, identifying historical repetitions in relation to the roles played by the judiciary in authoritarian contexts.