The Labor Judge Unleashed: Rule of Law and Labor Rights in “Neoliberal” Chile

2018 ◽  
Vol 43 (04) ◽  
pp. 1574-1603
Author(s):  
César F. Rosado Marzán
Keyword(s):  
Working Class ◽  
Latin American ◽  
Rule Of Law ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
Class Power ◽  
Latin American Countries ◽  
Power Class

Hoping to improve labor justice, some Latin American countries have reformed their labor courts without necessarily buttressing working-class power. Class power theories make us skeptical of these state-centric strategies for labor rights. Will the “rule-of-law” reforms work? This article reports ethnographic evidence collected by the author in the Chilean labor courts during 2009–2010, and secondary sources. It compares contemporary labor courts, reformed but in an otherwise “neoliberal” context, with the unreformed labor courts of the “socialist” years (1970–1972) to gauge the efficacy of rule-of-law reforms. Results show that despite the neoliberal context, the labor courts were more responsive to workers' claims than under socialism. Rule of law and procedural rules matter for effective labor rights.

Elusive Reform: Democracy and the Rule of Law in Latin America. By Mark Ungar. Boulder, CO: Lynne Rienner, 2001. 273p. $55.00.

2002 ◽  
Vol 96 (4) ◽  
pp. 872-873
Author(s):  
Pilar Domingo
Keyword(s):  
Latin America ◽  
Latin American ◽  
Rule Of Law ◽  
Law Reform ◽  
Complex Issue ◽  
The Rule Of Law ◽  
Underdeveloped Area ◽  
Depth Study ◽  
Democratic Systems ◽  
Latin American Countries

Elusive Reform is an important and welcome addition to the still underdeveloped area of political science analysis of judicial institutions in Latin America. Few volumes to date have undertaken such an in-depth study of the complex issue of rule of law and its problematic construction in fragile democratic systems in the region. The book analyzes the experience of rule of law reform in Argentina and Venezuela, with some comparative reference to other Latin American countries.

The Ombudsman in Latin America

2004 ◽  
Vol 36 (3) ◽  
pp. 423-450 ◽  
Author(s):  
FREDRIK UGGLA
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Rule Of Law ◽  
Relative Effectiveness ◽  
New Democracies ◽  
Public Accountability ◽  
The Rule Of Law ◽  
Political Independence ◽  
Latin American Countries

During the last 20 years ombudsmen have been established in most Latin American countries. This article provides an overview of the how these institutions have evolved in six countries, particularly with regard to their political independence and strength. In spite of the potentially important role that such institutions may have in promoting public accountability, respect for human rights and the rule of law in new democracies, some ombudsmen have been more successful than others in these tasks. This article reflects on possible factors accounting for the relative effectiveness of the ombudsman, and discusses the role that this institution plays in contemporary Latin America.

scholarly journals Broken Trust. Confidence Gaps and Distrust in Latin America

2021 ◽  
Author(s):  
Paolo Parra Saiani ◽  
Enrico Ivaldi ◽  
Andrea Ciacci ◽  
Lucia Di Stefano
Keyword(s):  
Latin American ◽  
Rule Of Law ◽  
Political Trust ◽  
Public Affairs ◽  
The Other ◽  
The Rule Of Law ◽  
Economic Problems ◽  
Trust In Institutions ◽  
The World ◽  
Latin American Countries

AbstractLatin American societies show lower levels of political trust when compared to other regions of the world. The lack of trust in institutions can led to ineffective management of public affairs, social crises, lack of transparency, economic problems and even difficulties in countering pandemics. The objective of this work is to build an index (LADI) that provides a measure of the level of perceived distrust in the institutions of the different Latin American countries and its variations over the period from 2008 to 2018. The data used for this analysis are of a subjective nature and come from the series of surveys provided by Latinobarómetro. To develop the analysis, we have used a quantitative approach of a partially non-compensatory aggregative type, known as Adjusted Mazziotta and Pareto Index. The results show a generalized increase of distrust in the years 2017 and 2018 for several Latin American countries. On the other hand, in countries where the rule of law is more consolidated, a best perception of the functioning of democracy emerges.

scholarly journals Crime and Public Support for the Rule of Law in Latin America and Africa

2014 ◽  
Vol 6 (2-3) ◽  
pp. 153-169 ◽  
Author(s):  
Shannon I. Smithey ◽  
Mary Fran T. Malone
Keyword(s):  
Latin America ◽  
Public Opinion ◽  
Latin American ◽  
Rule Of Law ◽  
Fear Of Crime ◽  
Public Support ◽  
Sub Saharan Africa ◽  
New Democracies ◽  
The Rule Of Law ◽  
Sub Saharan

Abstract Crime poses a formidable obstacle to democratization in many parts of the developing world. New democracies in Central America and sub-Saharan Africa face some of the highest homicide rates in the world. Politicians, citizens, and policy-makers have raised the alarm about the growing tide of criminality. Public insecurity, coupled with inefficient and often corrupt justice systems, makes democratization uncertain. Even if new democracies do not revert to dictatorship, the quality of democracy may suffer if crime continues to rise. One particularly vulnerable component of democracy is the rule of law, as public insecurity may fuel support for extra-legal justice, and a willingness to disregard the law while aggressively pursuing suspected criminals. To test these relationships, we assess the ways in which criminal victimization, as well as fear of crime, affect citizen support for the rule of law. We utilize public opinion data collected in select countries in Latin America and sub-Saharan Africa through two widely used sources – the Latin American Public Opinion Project (LAPOP) and the Afrobarometer surveys.

Latin American lockdowns speed Mercado Libre's growth

2020 ◽  
Keyword(s):  
Latin America ◽  
Business Model ◽  
Latin American ◽  
Rule Of Law ◽  
Business Environment ◽  
Home Market ◽  
Financial Systems ◽  
Online Retail ◽  
Content Type ◽  
The Rule Of Law

Significance Latin America’s leading e-commerce platform has emerged as one of the winners in the current regional business environment, marked by the COVID-19 pandemic. While retailers across the region have struggled to cope with lockdowns, Mercado Libre saw its user numbers increase by 45.2% year-on-year in the second quarter, to 51.5 million. Mercado Libre has been able to adapt its business model to Latin America’s unique market features, which include excessive regulation, chronic infrastructure problems and poor enforcement of the rule of law. Impacts Mercado Libre’s expansion prospects in Latin America may prove strongest outside its home market, Argentina. The shift towards online retail in the region will continue as fintech expands among people not included in traditional financial systems. Regulatory difficulties and trade union pushback will continue to raise challenges in some markets.

¿Mision Cumplida? Civil Military Relations and the Chilean Political Transition

1991 ◽  
Vol 33 (3) ◽  
pp. 35-74 ◽  
Author(s):  
Brian Loveman
Keyword(s):  
Latin American ◽  
Rule Of Law ◽  
Armed Forces ◽  
Political Order ◽  
Political Transition ◽  
The Rule Of Law ◽  
Civil Military Relations ◽  
Augusto Pinochet ◽  
Life Itself ◽  
Military Relations

The armed forces have reconstructed authentic democracy. They have once again definitively carried out their mission…. I love this country more than Life itself.Captain General Augusto Pinochet11 September 1989The Constitution of 1980 does not meet, in its elaboration of the manner in which it was ratified, the essential conditions required by constitutional doctrine for the existence of a legitimate political order based on the rule of law.Francisco Cumplido C. (1983)Minister of Justice (1990)On 11 March 1990, Patricio Aylwin took office as Chile's first elected president since 1970. Chile thus joined the list of Latin American nations making a transition from military to civilian government. Like the civilian governments in Argentina, Brazil, Uruguay, Peru, Bolivia, El Salvador and Guatemala, Chile's new government faced the challenge of returning the armed forces to a less central role in politics and reducing their institutional prerogatives.

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