DEMOCRATIC ASSUMPTIONS IN THE TRANSITIONAL JUSTICE PROCESS
ANALYSIS FROM CASES JUDGED BY THE INTER-AMERICAN COURT OF HUMAN RIGHTS
DOI:
https://doi.org/10.5752/P.2318-7999.2022v25n50p144-172Keywords:
Democracy, Transitional Justice, DemocratizationAbstract
Among the possibilities of transition, there is a model that seeks the dissolution of an authoritarian regime towards a form of democracy. Normatively called transitional justice, this process has as its goal the consolidation of democracy in countries experiencing dictatorial regimes. As the end is democracy, it is necessary first to delimit what is meant by democracy and subsequently what democratic assumptions must be used to achieve this goal through the transitional process. Thus, this paper aims to analyze the use of democratic assumptions in the transitional justice process and to analyze how the Inter-American Court evaluates the use and importance of these assumptions to effect the transition. The cases of Brazil, El Salvador and Uruguay are used, and in the end it is concluded that these processes did not observe the democratic instruments and the Inter-American Court does not consider the use of democratic instruments as justification for legitimizing the amnesty laws.
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