Inter-American Development Bank
facebook
twitter
youtube
linkedin
instagram
Abierto al públicoBeyond BordersCaribbean Development TrendsCiudades SosteniblesEnergía para el FuturoEnfoque EducaciónFactor TrabajoGente SaludableGestión fiscalGobernarteIdeas MatterIdeas que CuentanIdeaçãoImpactoIndustrias CreativasLa Maleta AbiertaMoviliblogMás Allá de las FronterasNegocios SosteniblesPrimeros PasosPuntos sobre la iSeguridad CiudadanaSostenibilidadVolvamos a la fuente¿Y si hablamos de igualdad?Home
Citizen Security and Justice Creative Industries Development Effectiveness Early Childhood Development Education Energy Envirnment. Climate Change and Safeguards Fiscal policy and management Gender and Diversity Health Labor and pensions Open Knowledge Public management Science, Technology and Innovation  Trade and Regional Integration Urban Development and Housing Water and Sanitation
  • Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer

Ideas Matter

  • HOME
  • CATEGORIES
    • Behavioral Economics
    • Environment and Climate Change
    • Macroeconomics and Finance
    • Microeconomics and Competitiveness
    • Politics and Institutions
    • Social Issues
  • Authors
  • Spanish

The Truth About Judicial Reform

July 28, 2017 by Steven Ambrus Leave a Comment


Not since Italy’s Mani pulite (“clean hands”) investigations into political corruption has there been anything like it in Europe or the Americas. In Latin America, it is unprecedented. A sitting president is under indictment; a former president has been convicted, and dozens of lawmakers and their corporate allies have gone to jail.

A few decades ago, Brazilians might have complained loudly about their court system. No more. The prosecutors and judges that have pursued the Car Wash scandal have won respect and admiration for their zeal and independence. Despite some criticism from the Left, polls show nearly universal support in a nation weary of corruption.

Prosecutors in Brazil have been emboldened to go after corruption not only by widespread popular support but by reforms in the 1988 constitution that created an independent prosecutor’s office with a strong budget, lifetime tenure, and protection against retaliation. Judges have gotten similar autonomy. Along with new provisions that allow for plea bargaining in exchange for information, those changes have allowed cases like the Car Wash scandal to move forward in a way never seen before.

But if the scale of the prosecutions—and their focus on so many current members of government—is unique, the trend is not entirely so. Buoyed by constitutional and other reforms going back to the 1980s and 1990s, a few other Latin American judiciaries have become more professional, independent and assertive in reviewing legislation and protecting rights, according to an IDB study. And some are increasingly taking on corruption and human rights abuses.

In Guatemala, for example, the prosecutor’s office has been buttressed over the last four years with prosecutions first against drug cartels and then against officials involved in massacres during the 1980s, all with the support of the United States government and other international actors. That culminated in 2015, when prosecutors working closely with the United Nations International Commission against Impunity in Guatemala (CICIG) carried out a sweeping investigation into a bribery scheme involving the nation’s custom’s administration that led to widespread protests and the downfall and imprisonment of former President Pérez Molina, his vice-president, and numerous government allies.

Though an easier proposition, other countries have been taking on officials from previous governments. Those include high-level corruption cases in Peru, Chile, and Argentina and numerous human rights cases against former military regimes in both Central and South America.

Employing judicial review—the right to rule on the constitutionality of laws and executive decrees—some high courts in the region also have become more engaged in the political process than ever before, vetoing and shaping legislation and compelling government offices through emergency actions (amparos and tutelas) to provide economic and social rights to previously excluded populations, according to a study by Daniel Brinks and Abby Blass of the University of Texas at Austin.

For example, bolstered by a 1991 constitutional reform, an extremely activist Constitutional Court in Colombia, has interjected itself into the public sphere in everything from health care reform and drug enforcement to the rights of people internally displaced by war. Constitutional reform in Costa Rica has resulted in a Constitutional Chamber (Sala IV) in Costa Rica’s Supreme Court able to make decisive rulings on issues including health and indigenous rights, among others, and the high courts of Argentina and Brazil have become major policy players as well.

This growing assertiveness does not always result in checks on power. In their study of the region’s judiciaries, Brinks and Blass, find that with the rise of “Bolivarian socialism” a few high courts in the region, including those of Venezuela, Ecuador and Bolivia have become Regime Allies, rather than regime overseers, imposing the vision of constitutional justice held by the governments of the moment.

Moreover, whereas the special prosecutors and high courts of some countries have become more independent and professional, that does not always apply to lower court levels.

Indeed, the region as a whole still has a long way to go when it comes to judicial independence and rule of law. As revealed in a recent IDB blog, Latin America’s judiciaries still demonstrate in the aggregate levels of independence well below those of developed countries and almost at the level of sub-Saharan Africa. They lack key features, that according to another IDB study are crucial for autonomy, including budget independence, transparency, meritocracy in the nomination of judges and judicial officials, stability in office and powers of judicial review.

That factors into rule of law, which between 2000-2013 was in retreat in the region overall, according to the World Governance Indicators project, with especially steep losses in Argentina, Bolivia, Trinidad and Tobago, and Venezuela.

It also factors into perceptions of corruption. In its 2016 corruption index, in which Denmark is the most honest nation, Transparency International put Uruguay (21) and Chile (24) near the top and Haiti (159) and Venezuela (166) near the bottom of its rankings for 176 countries. A 2016 Latinobarómetro survey, meanwhile finds that only 34% of Latin Americans are satisfied with democracy, with corruption among the top two most important issues in Brazil, Bolivia, Chile and Peru.

Still, the positive examples point a way forward. They show that greater independence can empower judiciaries to uproot political malfeasance. It can allow them to protect basic rights for the disadvantaged, and it can boost the potential for effective policymaking.

An independent and professional judiciary is a critical part of an effective system of checks and balances, crucial for ensuring transparency and social welfare. A few countries have advanced in that direction. The region as a whole has a long road to travel.


Filed Under: Politics and Institutions, Social Issues Tagged With: #Brazil, #corruption, #courts, #Guatemala, #Judiciary, #LatAm, #prosecutors

Steven Ambrus

Steven Ambrus worked as a correspondent for US and European media during two decades in Latin America, covering politics, education, the environment and other issues. He currently works in the communications and publications unit of the Research Department at the IDB.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Follow Us

Subscribe

Search

Related posts

  • Monitoring Corruption in Mexico: The Watchful Eye and the Cracking Whip
  • Latin America: Turning the Corner on Corruption?
  • Can Government and Civil Society Unite to Combat Corruption?
  • Why clientelism sparks corruption?
  • External Aid and Government Capacity Building

About this blog

The blog of the IDB's Research Department shares ideas that matter on public policy and development in Latin America and the Caribbean.

Footer

Banco Interamericano de Desarrollo
facebook
twitter
youtube
youtube
youtube

Blog posts written by Bank employees:

Copyright © Inter-American Development Bank ("IDB"). This work is licensed under a Creative Commons IGO 3.0 Attribution-NonCommercial-NoDerivatives. (CC-IGO 3.0 BY-NC-ND) license and may be reproduced with attribution to the IDB and for any non-commercial purpose. No derivative work is allowed. Any dispute related to the use of the works of the IDB that cannot be settled amicably shall be submitted to arbitration pursuant to the UNCITRAL rules. The use of the IDB's name for any purpose other than for attribution, and the use of IDB's logo shall be subject to a separate written license agreement between the IDB and the user and is not authorized as part of this CC- IGO license. Note that link provided above includes additional terms and conditions of the license.


For blogs written by external parties:

For questions concerning copyright for authors that are not IADB employees please complete the contact form for this blog.

The opinions expressed in this blog are those of the authors and do not necessarily reflect the views of the IDB, its Board of Directors, or the countries they represent.

Attribution: in addition to giving attribution to the respective author and copyright owner, as appropriate, we would appreciate if you could include a link that remits back the IDB Blogs website.



Privacy Policy

Copyright © 2023 · Magazine Pro on Genesis Framework · WordPress · Log in

Banco Interamericano de Desarrollo

Aviso Legal

Las opiniones expresadas en estos blogs son las de los autores y no necesariamente reflejan las opiniones del Banco Interamericano de Desarrollo, sus directivas, la Asamblea de Gobernadores o sus países miembros.

facebook
twitter
youtube
This site uses cookies to optimize functionality and give you the best possible experience. If you continue to navigate this website beyond this page, cookies will be placed on your browser.
To learn more about cookies, click here
X
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

SAVE & ACCEPT