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relativa legitimacy of legitimacy of relative -26 3

.16.2016.62.1 m OWER a b Coup; Dictatorship; Authoritarianism; Legacies; Democratic consolidation; Brazil. Legacies; Democratic Authoritarianism; Coup; Dictatorship; This article revisits the 21-year military dictatorship in Brazil to examine how it it military how Brazil to examine revisits the 21-year This article dictatorship in O artigo revisita os 21 anos de ditadura militar no Brasil para entender como o para entender como o os 21 anos de ditadura militar no Brasil O artigo revisita J. P IMOTHY do regime militar brasileiro quando comparado a outros regimes autoritários no Cone Sul. autoritários no Cone Sul. regimes quando comparado a outros militar brasileiro do regime a trajetória polí- sobre impacto que tiveram seguida, o artigoEm examina algumas variáveis um alto grau de continuidade das elites, um compromisso 1985 e 2014: tica nacional entre de 1988), um na Constituição Federal civis (por exemplo, fortalecido para com os direitos de competição política quando comparado aos anos anterios ao golpe e mais robusto nível shaped subsequent democratic politics after the transition to civilian rule in 1985. In par- after the transition to civilian ruleshaped subsequent democratic politics in 1985. In by focusing on the analysed. The paper begins six legacies are ticular, democrático após a transição de 1985. do regime militar afetou o desenvolvimento regime legados específicos serão analisados. O artigo começa por enfocar a legitimidade Seis | Abstract: | Resumo: T United Kingdom University of Oxford, [email protected] Cone. in the Southern to other dictatorships military compared when the Brazilian regime out variables which impact on the way politics has played The article then examines several the military of continuity of personnel inherited from 1985 and 2014: a high level between period, an accentuated commitment to civil libertiesConstitution of 1988), a (as in the but and a delayed years, to the pre-coup compared of political competition level robust more meaningful consideration of transitional justice issues. The articleby increasingly concludes of the military the collapse in engendered regime mass mobilization (the street) noting how occasions on several action has been repeated this strategy of collective 1983-1984, and how under democracy. Keywords: O regime militar brasileiro de 1964-1985: de 1964-1985: O regime militar brasileiro contemporânea legados para a democracia The Brazilian Military Regime of MilitaryThe Brazilian Regime of Legacies for 1964-1985: Contemporary Democracy DOI: 10.18441/i Iberoamericana, XVI, 62 (2016), 13-26 TIMOTHY J. POWER 14 but thatare tounderstanding 21 undoubtedly important thatfailtomeetthisbasiccriterion rule aside manyotherdimensions ofmilitary authoritarian regime thatcontinuetoshapenationalpoliticallifetoday. Iwillleave In April 2014,the50 Palavras-chave: a democracia. 1984, notandoqueessaestratégiadeaçãocoletiva temsidorepetida emvarias ocasiõessob levou aocolapsodoregime comoamobilizaçãoemmassa(arua) militarem1983- observar uma implementaçãotardia, massignificativa, dajustiçadetransição. concluipor Oartigo transformation ofnational infrastructure, themodernization ofthestateapparatus, rule” Iamgenerallyreferring to in1983-1984. rule military ticularly asanechoofthesuccessfulmassmobilizations thathelpedtodelegitimize and humanrights;(6)expandedtherepertoire ofcollective actioninBrazil, par- 1960s and1970s;(5)evincedadelayed andcautiousapproach totransitionaljustice political competition,againasareaction tothehighlycontrolled environment inthe as aresult (4)displayed oftherepression unprecedented rule; levels of under military tinuity inpersonnelfrom thedictatorship;(3)dramaticallyexpandedcivilliberties oftheauthoritarianperiod;(2)displayed ahighleveleconomic performance ofcon- process oflegitimation,given inevitablecomparisonswiththeobjectivefragmentary in turn,IcontendthatmodernBrazilian democracyhas(1)confronted aslow and In rule. thisbriefessay,of military Ireview sixoftheselegacies. Taking eachlegacy democracy since1985hasbeen,andcontinuestobe,profoundly shapedby legacies Brazilian Contemporary from thetruth. strates thatthisthesiscouldnotbefurther between 1964-1985. Yet acloserinspectionofthecountry’s macro politicsdemon- that 21 the socialmovement wing,andfinallythearmed resistance. first theintellectualwing,then rule: leaders ofthree factionsofoppositiontomilitary exile inChileafterthecoup. For twenty years, Brazilians hadbeengoverned by the followed Fernando Henrique Cardoso, aone-time Marxist sociologistwhohadsought earninghimamonthinjail1980.Lula, inturn,had rule, tions againstmilitary Silva, aformertradeunionistwholedsomeofthemostsuccessfullabourmobiliza- in1970.Sheimprisoned andtortured by succeededLuiz themilitary Inácio Lula da elections, incumbentDilma Rousseff, wasaformerurbanguerrillafighterwho inpresidential elections.Thevictorinthe2014 consecutive victory way toitsfourth Theleftistmentally changed,atleastonthesurface. Workers’ wasonits (PT) Party the coupandthree decadesintothecurrent democracy, seemedfunda- thecountry yet stabledemocraticregime. withanimperfect Fiverated inacountry decadesafter Two disclaimersapplytothisanalysis. First, inspeakingof“legaciesmilitary This superficial ofthecountry’s review recentleadershipwouldseemtosuggest st -century Brazildictatorship hasfirmlydivested-century itselfofthelegacymilitary Golpe; Ditadura; Autoritarismo; Legados;Consolidaçãodemocrática;Brasil. th anniversary of the Brazilian military coupwascommemo- oftheBrazilian anniversary military political legacies,thatis,aspectsofthebureaucratic- st century Brazil, e.g.,the century THE BRAZILIAN MILITARY REGIME OF 1964-1985 Iberoamericana, XVI, 62 (2016),13-26 15

relative by the year the year by reais of the year 2008), of the year reais Although the incomes 1 , but rose to 12,300 , but rose reais . When the military to the barracks in 1985, it . returned reais of the year 2009, the minimum wage at the time of the military of the year coup reais Although the democratic regime inaugurated in 1985 swiftly restored free elections free inaugurated in 1985 swiftly restored Although the democratic regime www.ipeadata.gov.br>. oath of office between presidential Ra- Quadros, Jânio Ramos, Kubitschek, Nereu Carlos Luz, Café Filho, Vargas, Dutra, to presidential changed from and Goulart). The system of government nieri Mazzilli, parliamentary terms of the institutional and in 1961 and then back again in 1963. In LEGACY 4: THE REACTIVE EXPANSION OF POLITICAL COMPETITION THE REACTIVE EXPANSION LEGACY 4: network of fully autonomous secondary associations provided a countervailing force a countervailing secondary of fully autonomous network force provided associations state power. against of these laws removal elites. The especially among political rulerights, and the of law, Hen- Fernando then-Senator the 1964 dictatorship —what dating from and decrees ( debris” the “authoritarian termed rique Cardoso to one of the primary1985. This shift after of the new regime democratic objectives civil society and activism by with unprecedented combined culture, in elite political Assembly of Constituent a major impact upon the National had social movements, a document produced The constitutional process 1996). 1987-1988 (Martínez-Lara liberties to individual rights and civil Ulysses so favourable by that it was nicknamed ( Constitution” as the “Citizens’ president, the assembly’s Guimarães, dadã instituted the law, of equality before expanded the concept ous rights and freedoms, of information, and at the same corpus and freedom fundamental rights of habeas ( clauses” into “bedrock time converted many of these protections Iberoamericana, XVI, 62 (2016), 13-26 TIMOTHY J. POWER 20 70 percent in2014,onthe50 could vote, thisrose to27percent in1966,51percent in1986,andtoanastonishing spectacular inthepastthree decades.Althoughin1945only16percent ofBrazilians of electionsince1958,andtheexpansionofsuffragehasbeennothingshort every broadened anddeepened.Thepercentage of Brazilians eligibleto vote hasrisenat tion, thetwocriticaldimensionsofdemocracyasidentified by Dahl (1971),have sor liesintherobustness ofdemocraticprocedures. andcontesta- Bothparticipation Liñán, 2007;Sallum, 2015). outcome ofanimpeachmentprocess conductedaccording totheconstitution(Pérez- ofdemocraticlegality,saw nointerruption andItamar’s presidency wasthelegitimate were originallyelectedtothe vicepresidency), butthesereplacements ofexecutives Brazilruled forabout25%ofthetime(recall thatbothJosé Sarney andItamar Franco ter thanthepre-coup democracy. It that,since1985,unelectedpresidents istrue have democracyhasfaredconstitutional stabilityoftheregime, muchbet- thepost-military party discipline inCongress,party politiciansafter1985 wastednotimein“flexibilizing” switchingalmostimpossible,andenforced totwo,madeparty number ofparties regime. Givento theexperienceof military thatthedictatorship restricted the a highlyfragmentedCongress (Power 2010). governance Brazil coalitionsin isthemanagementoflargeinterparty incontemporary to 19in1994,and28the2014elections. Thus,oneofthemajorchallenges representedthe numberofparties inCongress rose from 5in1982,to121986, andtomovecreate parties new isextremely between parties high.Not surprisingly, cians. Thesepreferences ledtoaninstitutional designinwhichpoliticians’ abilityto libertarianism,”— ortheideathatdemocracymeantfreedom forfree-floating politi- —anorientationthatMainwaringthe expenseofparties (1999)termed“democratic set ofrepresentative institutionsthatwouldgrantmaximumlatitudetopoliticiansat the freedom ofactionindividualpoliticians. Yet themajoritypreferred apermissive manded reforms thatwouldstrengthen andimprove parties accountability by limiting ing thosedecisionsrevealed adividedpoliticalclass.Aminorityofelitesde- and againduringtheConstituentAssemblyof1987-1988,debatessurround- system unrepresentative. Key decisionsininstitutionbuildingwere takenin1985 ounier/Meneguello 1986;Reis 1988).Parties were heldtobeweak andtheelectoral andelectoralsystemsinBrazilmented onthechallengesposedby theparty (e.g.Lam- andcontestationnever beforeparticipation seeninthecountry’s history. appears ratherlow-intensity, andthecurrent regime hasgiven Brazil levels ofpolitical greater share isnow ofvoting age).By thestandards oftoday, thepostwardemocracy has beenacceleratedby risingliteracyandalsoanoverall agingofthepopulation(a the reduction ofthevoting agetosixteenin1988,buttheimpactofthesechanges under thecurrent regime have beenthegrantingofsuffragetoilliteratesin1985and But advantage ofthecurrent themostimportant regime over itspostwarpredeces- These preferences anddecisions by elitesare oftenrationalized with reference withdrew from powerAt com- asthemilitary inthemid-1980s,manyobservers th anniversary of the military coup. Themainchanges ofthemilitary anniversary THE BRAZILIAN MILITARY REGIME OF 1964-1985 Iberoamericana, XVI, 62 (2016),13-26 21 Comis- These processes are extraordi- are These processes 4 or CNV) after some 27 years was not emplaced until 2012, What explains this long delay? An “Amnesty Law” passed in 1979 pardoned all passed in 1979 pardoned Law” What explains this long delay? An “Amnesty United Nations Approach to Transitional Justice,” March 2010, available in: of the Secretary-General: Note example, see “Guidance UN publications. For As cited in numerous narily diverse, including amnesties, truth commissions, trials, and memorials. Unlike truth including amnesties, narily diverse, trials, and memorials. Unlike commissions, neither put military Brazil in Latin America, officers other post authoritarian regimes in established a truthon trial (as did Argentina) nor (as did Chile or Peru) commission to democracy in 1985. A truth after the transition the early years commission ( Verdade, da são Nacional redemocratization. human committed after the coup of 1964, including both crimes of a political nature militaryrights abuses committed by by the left-wing guerrillas officers and violent acts The legitimacy of this Amnesty Law was who took up arms against the dictatorship. of 1979 was not democratically many who claimed that the Congress questioned by the military from elected and that it had been subject to behind-the-scenes pressure 1985 when the military to the 2012: 153-154). In returned leadership (Abrão/Torelly barracks, preservation of the Amnesty Law was understood to be an unwritten under- the outgoing militarystanding between cen- the president, and the incoming civilian and active- both retired the next two decades, of the PMDB. For Neves Tancredo trist and attempted the 1979 amnesty, duty military any attempt to revisit openly resisted 4 LEGACY 5: A DELAYED NATIONAL DEBATE ON TRANSITIONAL JUSTICE ON DEBATE NATIONAL A DELAYED LEGACY 5: military is the main legacy of the Brazilian regime?” one takes the question “what If will be re- specialist in Latin America, most responses and puts it to a human rights of human rights abuses (including torture) record a known Despite similar. markably as a lag- has long been perceived 1964 and 1985, Brazil between the armed forces by United by the justice is defined Transitional of transitional justice. in the area gard and mechanisms associated with a society’s full range of processes “the as Nations to ensure a legacy of large-scale past abuses, in order attempt to come to terms with serve reconciliation.” justice and achieve accountability, the rules surrounding the party and electoral systems. The result was a kind of post- result the rules the party surrounding The systems. and electoral of military framework to the institutional rule. the On overreaction authoritarian party inclusive open and with strong system, has an extraordinarily Brazil one hand, (not party which voters of minority factions and in elites) determine representation seat, per available Competition, in terms of candidates to Congress. who is elected other hand, extreme the On history. higher than at any time in Brazilian is now deci- coalition formation and policy poses on-going challenges to fragmentation is one of the most salient expansion of political competition reactive The siveness. of militaryinstitutional legacies rule. Iberoamericana, XVI, 62 (2016), 13-26 TIMOTHY J. POWER 22 estimated thatasmany100were stillalive onthe50 dictatorship.of theactualcrimesby themilitary only tosolved andfullydocumented cases,andassuchtheyrepresent onlyafraction body waslaterrecovered. At thesametime, theCNVnotedthatthesenumbersrefer in additionto210unsolved disappearances, and33otherdisappearancesinwhicha tion. The documents 191directreport murders committed by stateagentsafter1964, CNV issuedits2000-pagefinalafter in December 2014,shortly report Dilma’s reelec- Collor, Cardoso, andLula). Aftertwoyears ofresearch, hearings,andtestimony, the which Dilma wassymbolicallyflanked by allfourof her livingpredecessors (Sarney, 2011. TheCNVwasformallyinstalledin May 2012inanemotional ceremony in butnotpunitive powersinvestigatory wasfinallyapproved by Congress in November televised imageswasnotlostontheBrazilian Congress. A Truth Commissionwith with theMothers andGrandmothers ofthePlaza deMayo. Thesymbolismofthe first foreign visitwasto Buenos Aires, where shedonnedawhitekerchief andmarched repression—military took uptheissueoftransitionaljusticeasapersonalcause.Her asa22-yeartured oldandwhohadlostnumerous byfriendsto thesecurityservices Within weeks ofherpresidential inaugurationin2011,Dilma —whohadbeentor- full disclosure filesandafullairingofpastcrimes. ofsecret military covered by thestatute.At thesametime,however, strongly recommended theCourt the oppositionduringdictatorship, andthattorture wasinfacta“political crime” that theAmnestyLawwasabilateralamnestyhadbeencorrectly negotiatedwith Law didnotprotect torturers. In May 2010,theSupreme heldina7-to-2vote Court to efforts revisit pastabuses,filing repeatedlawsuitsclaimingthatthe1979Amnesty left-wing oppositioninthe1960s.Meanwhile, humanrightsactivistssteppeduptheir and awarding posthumouspardons toarmyofficerswhohadlefttheirpostsjointhe After 2003,theLula government went further, expandingthereparations program, ofthemurderedformer politicalprisonersandalsotothesurvivors anddisappeared. rights abusesafter1964.Thismadeitlegallypossibleforthestatetopay reparations to administration formallyrecognized theresponsibility oftheBrazilian stateforhuman generation oflegalscholars—ledtoincrementalnew advances. In 1995,theCardoso persistent activismofvictimsandtheirfamilies—backedby anincreasingly dynamic regime (Pereira1964-85 military 2005). especially thoserevisiting torture anddisappearancesofpoliticalprisonersunderthe various human-rightsinitiativesto thwart by theCardoso andLula administrations, with the2010Supreme upholdingtheamnesty. ruling Court initiate proceedings itself. Moreover, itsrecommended strategyremains inconsistent possible. Despite theCNV’s thecommissionhadno power eloquentexhortation, to not benefittheseperpetrators, andthattheyshouldbebrought totrialwhileitisstill 1964. ThefinalCNVtextargued,onceagain, thatthe1979AmnestyLawshould Of the377peopleCNVnamed asresponsible forhumanrightsabuses, itis These developments setthesceneforhistoricinitiatives of Dilma Rousseff. Given themilitary’s recalcitrance, progress intransitionaljusticewasslow, butthe th anniversary ofthecoup anniversary THE BRAZILIAN MILITARY REGIME OF 1964-1985 Iberoamericana, XVI, 62 (2016),13-26 23

caras- União União Diretas Já Diretas proved influential. It has been influential. proved (a concatenation of the English word word (a concatenation of the English Diretas Já Diretas showmícios (Down with Collor) while dressing in black to reflect in black to reflect with Collor) while dressing (Down , a number of prominent PDS politicians —including the PDS , a number of prominent movement had failed to achieve immediate stated objective, immediate stated objective, had failed to achieve movement (UNE) organized a series of popular protests in which students in which a series of popular protests (UNE) organized ) rocked the government of Dilma Rousseff. Those who took to Rousseff. of Dilma the government ) rocked , or political rally), which featured up to 1 million participants up to 1 million in , or political rally), which featured diretas já diretas Fora Collor Fora Diretas Já Já Diretas comício ), crying jornadas de junho As is well known, the coup of 1964 suspended direct elections for the presidency elections for the presidency suspended direct the coup of 1964 known, As is well In a country experience with mass popular mobilizations In with little or no previous The final legacy of the 1964-1985 militaryThe final legacy concerns to be discussed here dictatorship regime was mortallyby an wounded demise. The of the regime’s the circumstances goal, set the failing in their immediate that, while popular protests historic series of The legacy of the national politics. from withdrawal stage for the military’s LEGACY 6: MASS MOBILIZATION AND THE REPERTOIRE OF COLLECTIVE OF COLLECTIVE REPERTOIRE THE AND MOBILIZATION MASS 6: LEGACY ACTION (Direct Elections Now) movement of 1983-1984 inscribed mass mobilization firmly mass mobilization firmly of 1983-1984 inscribed movement Now) Elections (Direct democratic regime. action in the current of collective within the repertoire was the of the civilian opposition and one of the main demands for a full generation, of 1984, the Chamber 25 April elections. On in free right to select the chief executive Deputy by on a constitutional amendment, proposed vote was scheduled to Deputies presi- direct restored of the opposition PMDB, which would have de Oliveira Dante the amendment could muster the necessarydential elections. Although few believed nearly half PDS still controlled the pro-regime of a chamber wherein vote two-thirds the seats, the opposition partiesseries of energetic public rallies in ahead with a went elections. These support of direct Brazil in in 1992, the student movement on at least two occasions. First, repeated The Collor de Mello. fall of Fernando an important in the eventual played role dos Estudantes Nacional and blue (becoming yellow, painted their faces in the national colours of green, pintadas in 2013, a series of popular protests Second, of the disgraced president. their rejection (the about corruption, a wide-ranging set demands pub- 2013 expressed in June the streets lic services,human rights, and the cost of sporting among other issues. mega-events, “show” with “show” political history not only events pathbreaking but also in popu- the larger cities, were of artists and musicians alongside opposition presence due to the strong lar culture, support success of the rallies and the overwhelming to the astonishing of leaders. Due public opinion for the first civilian to hold that post in many Chaves, Aureliano of Brazil, vice president When the elections movement. of endorsing the direct took the bold step years— April 25, it fell short of vote on Amendment finally came up for a de Oliveira Dante included those of votes in favour The 298 22 votes. a mere majority by the two-thirds 1988: the military from (Skidmore immense pressure 55 PDS deputies who ignored 244). While the later to democracy a year it succeeded in dividing the PDS, leading to the transition was in truth a smashing success. “failure” 1986). Thus, the (Mainwaring issues, the model of programmatic around Iberoamericana, XVI, 62 (2016), 13-26 TIMOTHY J. POWER 24 2013. But onethingremains clear:onthe20 develop intothebroad-based, cross-cutting protest phenomenaof1984,1992,and more thanearlierpopularmobilizations,anditisunclearwhethertheywill partisan extraordinarily unpopularinthemidstofaprotracted recession. Theserallies were far unions, orthestudentmovement) tomobilize Brazilians intothestreets. or leader, andtheyrelied trade heavilyonsocialmedia(ratherthanpoliticalparties, fuse, andmultidimensional.The2013protests didnotproduce anotableorganization Unlike the that Brazil’s dictatorship, 21years whichnow of military constitute amuchshorter manner inorder todevelop astrong basis forlong-termsustainability. decadeoflifewillhave tocontend withtheseissuesinasoberandconsideredits fourth justice, are onlytwoexamples.Naturally, thedemocraticregime thatisnow entering form ofgovernment, orthelongstandinginattentiontopressing issuesoftransitional legacies have beencauseforconcern: theslow masslegitimationofdemocracyasa oflaw. andtherule competition,citizen participation, interparty In otherways,these they encouragedastrong anti-authoritarian “pushback” intheareas ofcivilliberties, years inMarch have beenpositive: rule 2015.In someways,thelegaciesofmilitary the development ofthepresent democracy, whichitself passedthemilestoneof30 hasshaped rule (Anderson 1964).Asthisessayhasshown, theexperienceofmilitary tions, andprocesses are addedtothemixbutoldonesare never entirely displaced Charles Anderson’s classicnotionofa“livingmuseum,” actors,institu- inwhichnew post-1985 democracyanditsfailedpredecessor of1946-1964—are marked andreal. regime —andevenbetween between thepost-1985democracyandmilitary the ticipation, andmore extensive democraticfreedom thanever before. Thedifferences larly inthepoliticalsphere. There isgreater politicalcompetition,widerpopularpar- Fifty years afterthecoupof1964,Brazil inmany waysachangedcountry, particu- CONCLUSIONS book and Twitter in2013. the strategicmanipulationofelectronic media,whethertelevisionin1984orFace- seizing thepoliticalagendathrough theuseofdirect action,impressive “visuals,” and Já lective action. This formofprotest isnow permanentlyinscribedin the country’s repertoire ofcol- demise ofadictatorshiporthereplacement ofademocraticallyelectedgovernment. 2014. Popular mobilizationhasbeenabletobringaboutreal “change,” whetherthe showed Brazil urbanBrazil) (particularly thevalue ofusing“the street” asawayof In 2015,anotherwave ofprotests wasdirected attheDilma government, by now How and when theselegacieswillfaderemains However, uncertain. itisclear Yet changeisnever absolutenorcomplete.Brazil hasalways lentitselfwell to The value ofthislesson remained powerful onthe50 Diretas Já or Fora Collor movements, theseprotests were spontaneous,dif- th anniversary ofthe1964coup, anniversary th anniversary ofthecoupin anniversary Diretás THE BRAZILIAN MILITARY REGIME OF 1964-1985 Iberoamericana, XVI, 62 (2016),13-26 25

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