This chapter examines the legal foundations of state violence in Latin America. We demonstrate three primary legal strategies that governments use. First, they use constitutional states of exception to suspend civil liberties and empower security forces. Second, they enact new legislation and regulations that transform the security sector in ways that make it easier for it to mete out violence. Third, they create systems of impunity to prevent accountability for abuses committed by their forces. We also highlight three avenues for reform. Democratic electoral politics, civic action, and judicial rulings have all proven to be effective at limiting or rolling back initiatives aimed at increasing state violence.

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The Legal Foundations of State Violence and Avenues for Change

  • Brett J. Kyle,
  • Tricia D. Olsen,
  • Andrew G. Reiter

摘要

This chapter examines the legal foundations of state violence in Latin America. We demonstrate three primary legal strategies that governments use. First, they use constitutional states of exception to suspend civil liberties and empower security forces. Second, they enact new legislation and regulations that transform the security sector in ways that make it easier for it to mete out violence. Third, they create systems of impunity to prevent accountability for abuses committed by their forces. We also highlight three avenues for reform. Democratic electoral politics, civic action, and judicial rulings have all proven to be effective at limiting or rolling back initiatives aimed at increasing state violence.