Article



Dados vol. 47 n. 4 Rio de Janeiro 2004

The Superior Military Court: from authoritarianism to democracy

Zaverucha, Jorge - Melo Filho, Hugo Cavalcanti

Abstract

This article aims to demonstrate how the Brazilian Superior Military Court of today (just as under the former military regime) continues to primarily defend what it considers the most important assets under its tutelage: hierarchy, discipline, and military duty. The Court has hybrid characteristics, displaying traits both from the authoritarian regime as well as from Brazil's current fledgling democracy. It is no coincidence that the Court has maintained its structure, functioning, and recruitment criteria virtually unaltered. The article contends that this institutional hybridism can only be overcome when effective democratic civilian oversight of the military is achieved.

Keywords: military justice, armed forces, authoritarianism, democracy

DOI: 10.1590/S0011-52582004000400005

Full text

The Superior Military Court: from authoritarianism to democracy