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concept of democracy, its definition, and what it meant for these newly established
regimes. In Latin America, violence by the police – and its support by the law, courts,
democratic institutions to the region did not necessarily result in the democratization of
the police, or in the abolition of police abuse. This article uses Brazil as a case study to
identify the three most significant impacts of police abuse on democracy in this particular
country. The paper argues that police abuse has led to an escalation of human rights
deviation with little or no relevance on democracy (Bonner et al. 2018: p. 2). However,
the impact of police abuse on society jeopardizes the quality of established and newly
concept of democracy should place policing at the forefront. The relationship between
requires a clear definition of the concept of police abuse and what it entails. Police abuse,
as defined by Bonner et al (2018: p. 3) includes police actions that may stay within or
exceed the limits of legality but significantly jeopardize citizens’ rights, receive limited
1
objectives. This term is often interchangeably used with police violence or police
brutality. Kania and Mackey (1977) distinguish police violence, which includes
appropriate and inappropriate use of force to maintain law and order, from police
brutality, that refers to a more extreme use of violence and the use of force for illicit
purposes.
based violence (Bonner et al. 2018: p. 2-4). These multiple expressions of police abuse
constitute an obvious excessive use of force by the police and therefore an abuse of basic
integrity by state forces (Davenport 1995, 1999; Fein 1995; Henderson 1991; Poe et al.
1999; Poe and Tate 1994). Thus the existence of police abuse creates an antagonist
assessment of the concept of democracy must be made. Schmitter and Karl (1991: p. 76)
define democracy as: “a system of governance in which rulers are held accountable for
their actions in the public realm by citizens, acting indirectly through the competition and
rule of law is among the essential pillars upon which any high-quality democracy rests.”
In the absence of the rule of law, which guarantees full and equal legal protection to all,
democratic states (i.e., those with regular elections and formal structures of democratic
2
governance) lack qualities that guarantee political and many other forms of social and
accounted for when discussing the impact of police abuse on democracy. To begin with,
police are the only institution with the legitimate right to use deadly violence towards
citizens; the boundary of the use of violence is defined by the respect for human rights
(Bonner et al. 2018: p. 3). Moreover, Bayley (2006) provides the ‘democratic criteria’ for
policing in which 1) police are accountable to law, not to government; 2) police protect
human rights, including those related to democratic participation; 3) there are constraints
on the use of the police force that are enforced by institutions external to the police force;
4) the police force’s priority is the protection of citizens as individuals and private
groups, not the state. Unfortunately, the performance of police institutions across Latin
Although the underperformance of police forces has not been limited to Latin
America’s new democracies, especial emphasis in this paper will be on determining the
violence by the police was an integral part of authoritarianism, yet the transitions into
democracy did not result in the expected transformation of the police institutions. Instead,
“close military-police ties, militarized training and doctrine, high rates of violence, a lack
of effective court oversight, and continuity of organizational forms and personnel” are all
3
As Pereira and Ungar (2004) argue, the behavior of Latin American state security
forces is tainted with the legacy of authoritarianism. According to their study on policing
in Argentina, Brazil, Chile and Uruguay, the last authoritarian regimes in these countries
made policing more repressive, militarized, and less accountable to the public (2004: p.
5). The police forces in Latin America are dominated by high degrees of corruption,
police abuse and extra-judicial killings, and minimal to no adequate oversight (Prado et
al. 2012: p. 259). In relation to democracy, it would be contradictory to say that a country
is democratic when these behaviors persist (Bayley 2006: p. 18). As Tilly writes (1998: p.
223-224), a simple analysis of whether the police reported to the military or to civilian
not.
Using Brazil as a case study, this paper intends to contribute to the study of the
relationship between police abuse and democracy within new democracies. The first
section of this case study examines how police abuse in Brazil has resulted in an increase
degree of violence that is detrimental to the country’s democracy. The second section
Brazilian society and that race, class, and geography often determine police behavior,
exacerbating socioeconomic inequality. The third section amplifies the study of the
impact of police abuse on citizenship and argues that an increase in human rights
1Stratified citizenship occurs when “citizenship becomes effectively constrained by deficient protection,
while stratification limits the power and ability of marginalized citizens to articulate demands for
4
Police Abuse and Human Rights Violations
Since its formation in the early 19th century, the use of violence, discrimination,
arbitrariness, and disrespect of rights by the Brazilian police has been well known
(Caldeira & Holston 1999: p. 700). The severity of police abuse has reached levels in
which the Brazilian police force has been the main perpetrator of human right violations
(HRV) across the country. These police practices have resulted in worrying levels of
violence that put into question the future of democracy in Brazil. Although HRV have
occurred throughout Brazil’s history, the city of Sao Paulo and Rio de Janeiro serve as
the best examples to analyze the relationship between democracy and human rights post-
authoritarianism.
The 1979 United Nations Code of Conduct for Law Enforcement endorsed the
idea that the police should play a crucial role in protecting human rights and assuring
equal treatment of citizens (Trebilcock and Daniels 2008: p. 110; Manning 2005: p. 23).
This idea of policing is labeled as democratic policing and it is often seen as most
However, as Ahnen argues (2003), HRV in Brazil have actually worsened since Brazil’s
The question of why there is such a high level of police violence and HRV is
often asked and it requires a multifaceted answer. One of the factors contributing to this
problem is the country’s history, in which both the civilian and military regimes have
relied upon the police as a means of social and political oppression (Moon 2009). As
5
Caldeira and Holston note (1999: p. 695), “police violence has reached unprecedented
levels, and the forces of law and order are themselves one of the main agents of violence
in many cities.”
In 1992, the Sao Paulo police killed more people than the previous military
regime did throughout its many years in power (Brinks 2003: p. 1). In addition to this,
Caldeira (2002: p. 236) notes that in the last 20 years the Sao Paulo police have killed at
least 11,692 people. In Rio de Janeiro, police killings have steadily increased since 1999
and actually made up 14 percent of the 7,594 killings reported for 2006 (Moon 2009).
Data from the University of Sao Paulo Nucleo de Estudos de Violencia (Center for the
Study of Violence, USP/NEV) shows that of the 4,018 reported cases of police violence
in the Metropolitan Sao Paulo Area between January 1, 1980 and December 31, 1998,
over 2,500 of these cases occurred after the return to civilian government in 1985 (Clark
2008: p. 87-88).
The degree of violence and abuse suffered by ordinary citizens at the hands of the
police represents a serious deficiency in the democratic system established in Brazil. Out
of the three national police forces in Brazil —the Policia Militar (Militarized Police, PM),
the Policia Civil (Civil Police, CP), and the Policia Federal (The Federal Police, FP), the
Policia Militar is known to be the main perpetrator of police abuse (Americas Watch
1987; Becker and Becker 1986; Caldeira 2000). This is likely due to its continued
authoritarian practices and institutional structure. The PM was given policing powers
during the authoritarian regime (1961-1985) and these powers were extended after the
1988 constitution (Clark 2008: p. 87). Due to its authoritarian roots, the PM follows a
highly militaristic behaviour and philosophy while also benefitting from impunity against
6
civilian persecution (Beck and Becker 1986; Clark 2008).
contemporary Brazil is the Policia Militar.3 The most worrying characteristics of the
ordinary daily life and, most importantly, that these have persisted even with the
consolidation of democracy (Caldeira 1997: p. 157). In the five years directly following
the transition to democracy, civilian deaths in military police actions increased from 305
in 1987 to 1470 in 1992 (Human Rights Watch 1993: p. 5).4 This rise in the number of
PM killings is largely due to the efficiency of the institution being measured solely on the
elimination of criminals and the definition of a criminal being blurred in the transition to
democracy.5
As Caldeira notes (1997: p. 158), the primary targets of police violence are not
political advisories but rather suspected criminals; this labeling of criminals thus results
in a popular support of police violence. The transition to democracy resulted in the police
force redirecting all their power against the excluded segments of society, those deemed
this, the Brazilian police has adopted a mano dura (firm hand) agenda on their all out war
against crime (Light et al. 2015: p. 225). 6 Consequently, this has led to uncontrollable
3 The 1988 Constitution preserved a separate system of criminal justice, instituted under the dictatorship,
for the discipline of military police, through a compromise that permits states that have more than twenty-
four thousand military police personnel to have such separate tribunals (Constitution of 1988, Art. 125).
4 During the same time the number of PM officers reached 72,000 in the state of Sao Paulo and 30,000 in
the state of Rio de Janeiro, meaning that each state has special tribunals for crimes committed by the PM.
These tribunals, however, often leave these crimes unpunished (Human Rights Watch 1993).
5 The military police is responsible for five times the amount of homicides as police officers and totalled
76.8 percent of all police homicides from 1994 to 2001 (Ahnen 2003: p. 152-153).
6 This agenda stems from Latin America’s heritage of authoritarian rule, in which regime opponents and
criminals were both identified as enemies (Chevigny, 1999: p. 49).
7
levels of violence in which the disrespect of civil rights and the failure of democratization
strongly affect every day social interactions (Caldeira & Holston 1999: p. 696).7 As Arias
and Goldstein (2010) note, a regime with high levels of violence is not worthy of being
considered a democracy.
However, lethal violence and police violence has not affected Brazilian society
equally. When discussing police behaviour in Brazil, scholarship must consider race,
class, and geography. The next section will examine the relationship between
socioeconomic inequality and police violence. The argument presented in the following
section is that police abuse continues to reinforce the high levels of inequality in Brazil.
The role that socioeconomic equality plays in democracy has been a concept
constantly examined by scholars. Some have argued that liberal democratic regimes must
maintain some degree of socioeconomic equality (Linz and Stepan 1996; Beetham 1999)
and others have argued that socioeconomic equality is crucial for citizen participation in
politics when discussing social democracy (Bobbio 1996). Bonner et al. (2018: p. 19)
context, I argue that police violence in Brazil occurs for the good and the protection of
the upper class at the expense of the marginalized, further exacerbating the
7
Between 1980 and 2012, the annual number of homicides in the country increased from 13,910 to 56,337,
while the homicide rate rose from 11.7 to 29.0, a 143% increase. The greatest rise occurred between 1980
and 1997, when the homicide rate stabilized at over 25 homicides per 100,000 people, remaining high since
then (Amnesty International, 2015). The rapid increase in violent crimes in Sao Paulo and Rio de Janeiro
also exceeded international averages during the years after the transition to democracy (Caldeira & Holston
1999).
8
When referring to the link between the police and political-economic regimes, the
police are responsible for realization of the rights being offered in such regimes and they
are also the “figurative embodiment of the ways of looking at the world that inform a
political economic approach” (Bonner et al. 2018: p. 20). For example, lower levels of
economic development usually result in higher repression due to scarcity and the
increased conflict between the haves and have-nots (Poe and Tate 1994). Moreover, a
rapid rate of development can further worsen levels of repression, as this type of
development is usually unequal and dislocated causing greater conflict among citizens
associated with higher levels of police violence because this is where most of the drug-
trafficking networks and criminal activities that police repress are found (Ahnen 2007: p.
145).
In Brazil, a social climate favourable to the use of police force was created
through the economic stagnation experienced after the transition to democracy, the
deepening social inequalities, and the growth of urban criminality (Paes-Machado and
Noronha 2002: p. 54). Chevigny (1995) argues that police abuse depends on three factors:
control the use of police force. In this sense, Paes-Machado and Noronha (2002: p. 54)
argue, “The impotence and ambivalence of attitudes towards the police contribute to the
justification of police brutality against the poor and non-white sectors of society.”
groups, those which new forms of authoritarianism and economic organization affect the
9
most (McLaughlin 1996).
Pereira (2000) argues that this relationship between the police and the different
social classes has divided Brazilian society and has led to a hybrid regime he labels as
“elitist liberalism”.8 In accordance with Pereira’s point of view, Muller (2018) notes that
employ police violence to maintain the poor’s quiescence in Brazil’s unequal society.
This has led to the classification of Brazil as an “uncivil democracy” due to the
society in which police abuse explicitly targets the poor and non-white population in
In 2002, Caldeira identified an underline paradox: rich and poor, elites and
workers support police violence against suspected criminals even though this makes them
is ironic that “even the main victims of police violence—the working classes—support”
some forms of police violence as a response to crime (Caldeira and Holston 1999: p.
706). French (2013) identifies a less talked about, but equally interesting, paradox that he
defines as the “black on black nature” of police abuse, especially by the military police. 9
These paradoxes help to explain police abuse towards the marginalized communities in
Brazil.
8 According to Pereira (2000), democracy is Brazil is firmly in place to benefit the upper and middle
classes, but is significantly weak for the poor masses.
9 Composed largely of black men, the military police are known to behave in unjust, violent, and racist
ways against the black population (Brito 2003: p. 97).
10
Muller (2018) notes that the police are often involved in operations in which
segments of society, especially those living in shantytowns near the rich sectors of the
city, are pushed out through police pacification projects in order to give way for those
seem more suitable to participate in the market. This, however, is not a new phenomenon
as city elite’s have seen favelas (shantytowns) as a threat to their modernizing projects
(Zaluar and Alvito 2006: pgs. 7-18). This can help to explain the support and acceptance
for militarized operations such as that of “Operation Rio” in late 1994 and the one that
recently occurred in early 2018 where the federal army, accompanied by high divisions of
the PM were deployed to cleanse the favelas and to rid the police of officers involved in
corruption and illicit activities (Magalhães 2018). This serves as a clear demonstration as
to how this social context generates a multi-sector support for “mano dura” politics on
criminals in order to re-establish “public order”, resulting in police abuse mainly towards
marginalized communities.
disrespect for rights, and routine practices of injustice and discrimination.” Amnesty
International (2015) notes that the illicit drug activity and police corruption in Rio de
Janeiro has led to a high number of extrajudicial executions carried out by Civil and
Military Police forces in operations in the favelas and periphery neighbourhoods, which
usually go unpunished and mainly target poor young black males. These types of
occurrences, although unjustifiable, are not surprising, as they have become a regular
11
encounter police harassment and beatings as a regular part of their interactions with
In addition to police officers, death squads and militias are responsible for a
significant number of homicides in Brazil.10 In 2012, out of the 56,000 victims of murder
in Brazil, 30,000 (54 percent) were young people aged between 15 and 29 years. From
these, 90 percent were men and 77 percent were black (Amnesty International 2015: p.
11).11 Studies within the last 30 years surrender the same conclusion; darker-skinned men
have historically been common targets of police harassment as they are 2.4 times more
likely to be abused by police than white men (Mitchell and Wood 1999: p. 1013; Lopes
and Moreira 2005, p. 91). Police discrimination, lethal violence, especially extrajudicial
killings, and the resultant inequality establishes structural discrimination where the black
population sees its rights to access higher education, health, work, and decent housing
The structural discrimination mainly caused by police abuse and state repression
has worsened the conditions of socioeconomic inequality in Brazil. This has limited the
participation, and acknowledgement within Brazilian society. This in turn has constrained
10 According to Zaluar and Conceição (2007), the militias are made up of police officers and former police
officers (mainly military), a few fire fighters and some prison officers, all of whom have military training,
belong to institutions of the state and take it upon themselves to protect and provide ‘security’ in
neighbourhoods supposedly threatened by criminals. On the other hand, “deaths squads are mainly
composed of serving or retired Civil and Military Police, or officers who have been expelled from the
forces, in addition to other law enforcement officials” (Amnesty International 2015).
11 A previous study by Cano (2010: p. 35) shows that between 1993 and 1996, 70.2 percent of deaths at the
hands of police in Rio de Janeiro were non-white, while non-whites constituted 40 percent of the
population and in São Paulo, where non-whites constituted 27 percent of the population at that time, they
accounted for 43 percent of those killed by the police.
12
The next section seeks to address the issue of citizenship in terms of increased human
Stratified Citizenship
Police abuse and violence towards ordinary citizens demonstrated the deficiency
of the democratic system in Brazil, in particular the disrespect for some of the most basic
rights inherent in the idea of citizenship.12 The protections to life, equality, and freedom
of expression have all been principles of the ideal citizenship under liberal democracy
(Bonner et al. 2018: p. 13). Citizenship has traditionally referred to as a set of political
practices involving a political community’s specific rights and duties, amongst which the
most important is participation in the democratic process (Bellamy 2008: p. 3).13 I argue
that police abuse has limited these specific rights and has resulted in the stratification of
citizenship in Brazil.
Costa and Thompson (2011) argue that police abuse has mainly undermined the
civil rights of Brazilians. This, however, is deficient in the analysis of citizenship when
the high levels of HRV and socioeconomic inequality are included as part of the study.
Therefore, in addition to civil rights, police abuse in Brazil has also jeopardized the
political and social rights of many sectors of Brazilian society.14 While these rights are
12 T.H Marshal (1973:84) defines citizenship as “a status bestowed on those who are full members of a
community. All who possess the status are equal with respect to the rights and duties with which the status
is endowed. There is no universal principle that determines what those rights and duties shall be, but
societies in which citizenship is a developing institution create an image of an ideal citizenship against
which achievement can be measured and towards which aspiration can be directed.”
13 On this point, Bellamy (2008: p. 79) notes that citizenship is often identified with rights and that these
rights form the basis of citizenship and help to assess the quality of citizenship through the realization of
such rights.
14 Civil rights represent the fundamental rights such as life, property, and equality under the law. They are
based of individual freedom, which cannot be guaranteed without an independent judiciary and state
protection. Political rights, for their part, refer participation of all, either directly or through representatives,
in the decisions polis. In addition to voting, political rights include open access to decision-making
positions in the political arena and the ability to join together political demands. Finally, there are also
13
usually incorporated in a country’s constitution or legal framework, it is often the police
who serve as the initial contact point between the judicial institutions and the citizenry
and it is most often up to the police discretion to determine who deserves protection of
these rights and who is seen as suspects and a threat to society (Waddington 1999).
In essence, it is ultimately the police force and individual police officers who
determine who counts as a full citizen. Many times the poor, members of indigenous
groups, religious and ethnic minorities, or transgendered citizens suffer most from
Latin America, police forces routinely fail at providing what is, in theory, a public good
Kymlicka and Norman (1994: p. 353) make a useful distinction within the concept
desirable-activity, where the extent and quality of one’s citizenship is a function of one’s
participation in that community”. However, Gonzalez (2017) argues that the provision of
realization of civil, social, and political dimensions of citizenship due to the alienation
from citizens to the state. Gonzales also argues that the highly unequal distribution of
protection and repression occurs the lines of race, class, and geography, which results in
social rights, which provide for the participation of all in the wealth produced in a given society. These
include the right to education, health, work, retirement, and housing (T.H. Marshal 1973).
14
the stratification of citizenship-as-rights since access to security and protection from state
incapability of Latin American democracies in enforcing the laws has resulted in the
increase of “brown areas”, territories in which citizens lack the adequate levels of
security to participate in everyday political, economic, and social activities that form a
constructed based on markers inequality such as race, class and geography, policing will
citizenship. Not only is citizenship affected by the use of lethal violence by the police, it
is also impacted by the overall behavior of the police towards particular social groups.
Police are often involved in the forced removal of residents living in conditions of
homelessness from certain neighborhoods, the arrest of transgendered women, and the
repression of youth from low-income neighborhoods in Sao Paulo; these police actions
criminalize the behavior of marginalized populations and violates the citizenship rights of
marginalized communities, the wealthier individuals receive better protection and those
who conform the lower class are subject to higher levels or repression (Gonzalez 2017: p.
503).
15
This only serves to replicate the reality of the distribution of protection and
mainly black periphery neighborhoods, the absence of preventive policing and the
reluctance to respond to citizens’ call for help is regular occurrence (America’s Watch
1987). The unequal distribution of police presence and state resources amongst low-
communities usually lack police bases, police cars, and police personnel, while the
wealthy areas have too many resources and an abundant number of police bases and staff
the behavior of the police and citizenship in Brazil. Communities with white and wealthy
citizens are able to demand greater protection, yet Black residents lack access to
protection from police violence and abuse, and are excluded from participating in
policing strategies and the democratic process in general (Alves 2014). As Gonzalez
(2017: p. 505) concludes, “citizens that are disadvantaged by existing societal hierarchies
are left without the protection needed to exercise citizenship-as-activity, but also
rights, leaving them further unable to make effective demands for the protection to which
Conclusion
This paper has brought to the forefront the importance behind considering the
importance to this case study was the relationship between police abuse with the overall
16
quality of Brazil’s democratic structure. The paper argued that police abuse has led to an
a new democracy to face difficult challenges, many of which have been complicated to
address due to the institution’s authoritarian legacy. Police abuse in Brazil has resulted in
race, class, and geography has often determined police behavior, exacerbating
democracy in Brazil.
Although this paper has focused on Brazil as a case study, it has intended to
contribute to the overall research of police abuse and its impact on democracy across the
region. Latin American police forces all face similar challenges and the behaviours that
characterize these institutions are similar from country to country. This means that,
independent of an authoritarian legacy or not, each country in the region must work
citizenship in order to improve the standards of living for all its citizens and to guarantee
17
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