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TRANSITIONAL JUSTICE IN THE JUDICIARY. LESSONS FROM THE PORTUGUESE DEMOCRATIZATION António Costa Pinto , Institute of S

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 S

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  1. 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

  2. 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

  3. 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

  4. 2. AUTHORITARIANISM AND POLITICAL REPRESSION IN SALAZARISM • The nature of authoritarian regime • Political repression 4

  5. 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

  6. 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, ...

  7. Elites and forms of punishment

  8. 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 democratization 8

  9. Prosecutions initiated by ministerial purge commissions (31 December 1974)

  10. MINISTRY OF JUSTICE Proposed actions (31 December 1974)

  11. March 11th 1975: Judges and public prosecutors of the political courts ought to be purged • Purges in the Ministry of Justice • April 19th, 1975

  12. 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

  13. 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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