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 PowerPoint PPT Presentation


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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

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Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

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


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • INTRODUCTION: THE LEGACY OF AUTHORITARIANISM AND THE JUDICIARY

    • transitional justice and the legacy of repression

    • transitional justice and the judiciary

    • The Portuguese case: the nature of the Portuguese transition to democracy

2


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • The nature of Portuguese transition to democracy (1974-1976)

    • a transition by a military coup

    • a simultaneous process of democratization and decolonization

    • strong social movements and crisis of the state

    • strong military presence in politics

    • Double legacy to democratic consolidation

3


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • 2. AUTHORITARIANISM AND POLITICAL REPRESSION IN SALAZARISM

    • The nature of authoritarian regime

    • Political repression

4


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • Salazarism: the nature of political repression

    • the agents of political repression

    • Political police

      • Special Military Courts ([1927/33]-1945)

      • Civilian political courts (1945-1974)

Political Prisoners by Period

5


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • 3. SETTLING 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, ...


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

Elites and forms of punishment


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • 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 democratization8


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

Prosecutions initiated by ministerial purge commissions (31 December 1974)


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

MINISTRY OF JUSTICE

Proposed actions

(31 December 1974)


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

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

  • Purges in the Ministry of Justice

  • April 19th, 1975


Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

  • April-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


    Transitional justice in the judiciary lessons from the portuguese democratization ant nio costa pinto institute of social sciences university of lisbon

    • Democratic consolidation (1976-1982)

    • 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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