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"Law and Development" in Latin America, 1965-1979
October 28, 2019In the context of the "Decade of Development," and as part of the non-military strategies of containment of communism, different public and private US. institutions turned their attention to projects of technical assistance in Asia, Africa, and Latin America that sought to modernize the legal systems of the countries of the Third World. In the Inter-American context, several initiatives were promoted under the label "Law and Development" (LD). Financed mostly by the Ford Foundation and USAID, they were conceived and implemented in the 1960s and the 1970s by those institutions, in cooperation with US law schools (Harvard, Stanford, Wisconsin, and Yale, among others) and local universities in Brazil, Chile, Colombia, Costa Rica, and Peru. The common purpose of these programs was the transformation of the national legal systems following the US model. The effort centered on removing obstacles to development attributed to obsolete legal structures and a conception of the role of the law and lawyers incompatible with the challenges of modernization.
The American Legal Programs in Brazil: From Modernization Theory to Human Rights
September 17, 2019The year 2014 marked 50 years since the civil-military coup in Brazil, on March 31, 1964. Recently, Brazilian historiography has been devoting a renewed interest in this period of the military rule in the country (1964-1985). A common element in the analyses that have developed identifies a significant role for the rule of law-human rights movement in the country, from which it would have been possible to form a systematic opposition to the Brazilian dictatorship that would lead to the transition to democracy. Nevertheless, there is still an existing gap in this discussion about the Brazilian rule of law-human rights movement, which relates to a consistent analysis of the network of politics and practices, connected to the field of law in Western countries since World War II. It is my premise that this analysis will facilitate a better comprehension of the Brazilian transition and its historical connections with the "Global North." The philanthropic foundations played a significant role in promoting this network. My research contributes by filling in aspects of this gap in the Brazilian debate, and provides an analysis of the role played in the rule of law-human rights international movement by the International Commission of Jurists (ICJ) and the programs of philanthropic foundations concerning the field of law directed to Latin American countries.
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