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8 Brown J. World Aff. 113 (2001-2002)
The Paradox of Democracy in Brazil

handle is hein.journals/brownjwa8 and id is 333 raw text is: The Paradox of Democracy in Brazil PAULO SERGIO PINHEIRO Professor of Political Science University of Sao Paulo Two decades after the wave of democratic transition swept across Latin America, the effective protection of human rights continues to be an unfulfilled promise in much of the region. Nonetheless, political regimes are considered to be democratic because constitutional law had been reinstated and governing bodies are chosen in free, competitive elections. However, these minimal requirements will never be enough to guarantee democracy in the conti- nent. These Latin American governments continue to be influenced by an au- thoritarian legacy that was manifested in the practices of elected officials and state institutions. Instead of democratic consolidation, Latin American citizens are forced to cope with a convoluted political model that could be only be characterized as a democracy without citizenship. States, Constitutions and Political Transitions Throughout history, a state's constitution has been regarded as the key factor in defining its social framework.1 Contrary to this norm, the idea of society framed in the Brazilian Constitution has never been effectively reflected in the lives of the Brazilian population. The judicial system and all of its instruments operate in accordance with a set of rules distinct from those explicitly put forth in the con- stitution. Legal proceedings at every level reflect, rather than regulate, the cruel nature of society. And act to reinforce the gaping chasm that exists between the Winter 2002 - Volume VIII, Issue 1 - I

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