TRANSITIONAL JUSTICE IN THE JUDICIARY. LESSONS FROM THE PORTUGUESE DEMOCRATIZATION
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TRANSITIONAL JUSTICE IN THE JUDICIARY. LESSONS FROM THE PORTUGUESE DEMOCRATIZATION António Costa Pinto , Institute of Social Sciences, University of Lisbon Maria Inácia Rezola, Institute of Contemporary History, New University of Lisbon.

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TRANSITIONAL JUSTICE IN THE JUDICIARY. LESSONS FROM THE PORTUGUESE DEMOCRATIZATION

António Costa Pinto , Institute of Social Sciences, University of Lisbon

Maria Inácia Rezola, Institute of Contemporary History, New University of Lisbon


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Political Prisoners by Period

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  • 3. JUDICIARYSETTLING ACCOUNTS WITH THE DICTATORSHIP: PORTUGUESE ‘TRANSITIONAL JUSTICE’

  • April 25th coup

    • Dissolution of the old regime’s institutions

    • fast and multidirectional movement of saneamentos (purges): Armed Forces, civil servants, municipalities, the enterprise sector, the media, ...



  • 4. PURGING THE JUDICIARY IN THE PORTUGUESE TRANSITION TO DEMOCRACY

  • May 1974

    • extinction of the political courts

    • political courts judges : demoted to attachés

  • 1st regulation on public administration purges (June 1974)

    • Judges benefit from protection from being moved from their jobs

  • 1st purges processes

    • Commission for the Purge and Reclassification of the Ministry of Justice

transitional justice in the judiciary. lessons from the portuguese democratization 8



MINISTRY OF JUSTICE December 1974)

Proposed actions

(31 December 1974)


  • March 11 December 1974)th 1975: Judges and public prosecutors of the political courts ought to be purged

  • Purges in the Ministry of Justice

  • April 19th, 1975


  • April- December 1974)November:

    • Military control of the purges (Council of the revolution)

    • only 5 proceedings were concluded

  • November 25th : reintegration

  • Phases of transition and democratic consolidation and purge processes


    • Democratic consolidation (1976-1982) December 1974)

    • Commission for the Evaluation of Purge Appeals and Reclassification (1976)

      • “impressive laundering procedure” (Vasco Lourenço, former member of the CR)

    • Ministry of Justice: 60 appeals

    • judges of plenary courts: 7 appeals = 7 rehabilitations

    • “In the end, the Justice department wasn’t touched by the revolution” (Sousa e Castro, former member of the CR)


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