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Chapter 10 addresses high-level corruption and the judicial response to those who are known to engage, or are widely suspected of engaging, in acts of corruption in contemporary Latin America. It shows that corruption is a persistent problem and that no sustained gains to counter it have been made. It also shows that the judicial response is, at best, mixed. High-level corruption is systemic, involving a network of powerful politicians, top-level public administrators, and high-level members of the judiciary. The chapter explores the causes of this poor record through an analysis of three cases (Brazil, Mexico, and Guatemala) and draws several conclusions. The weakness of democracy prevents it from reining in corruption. The public administration has largely been a hindrance in the fight against corruption. The judiciary has been part of the solution to the problem of corruption when it has been independent and competent; however, the judiciary is frequently corrupt or politicized and thus part of the problem. Finally, civil society organizations have played a consistently positive role, putting pressure on politicians and the judiciary to fight against corruption.
Chapter 9 focuses on transitional justice, the challenge of tackling past human rights violations, in contemporary Latin America. It shows that the record of Latin American countries varies considerably, but that, in the aggregate, the record of Latin America is largely a success story. The frequency with which past human rights violations have been addressed, and the steps taken through truth commissions and human rights trials, puts Latin America at the center of the global transitional justice movement. It also demonstrates, through a comparative analysis of six countries (Brazil and Mexico, El Salvador and Guatemala, Chile and Argentina), that several factors determine the response to past human rights violations. Democracies that are strong and channel citizen preferences succeed in confronting the challenge of transitional justice. Additionally, a strong record of transitional justice is associated with strong civil society organizations, generational change and new legal thinking about human rights law in the judiciary, and progressive developments in international law.
Chapter 4 addresses how Latin America has sought to generate socioeconomic welfare since 1880 by making choices about the model of economic development – the region’s strategy to promote economic growth and the material well-being of the populations as a whole. It identifies three periods during which the region adopted distinct models of economic development and assesses the performance of each model. The first model, the market-oriented agro-export model, led to moderate but unequal progress – a mixture of moderate economic growth, a slight improvement in absolute levels of welfare, and an increase in economic inequality. The second model, the statist import-substitution industrialization model, produced strong progress – good economic growth, a big improvement in absolute levels of welfare, and a decrease in economic inequality. Finally, the third model, the market-oriented neoliberal model, still used in the region, has yielded slow progress – languid economic growth, a slight improvement in absolute levels of welfare, and a small reduction in economic inequality. The chapter shows that the question of what is the best development model for Latin America remains open.
Chapter 14 focuses on the role of social policy and, more specifically, of conditional cash transfer (CCT) programs, in contemporary Latin America. It first shows that CCTs, a Latin American invention, have been a striking success story and have overcome some historical obstacles to inclusive social policies. In particular, it argues that CCTs have become somewhat of a basic income support that has reduced poverty and helped historically disadvantaged groups, such as single mothers and indigenous peoples. The chapter then explores the causes of CCTs through case studies of Mexico and Brazil and briefer discussions of other countries. It analyzes a confluence of factors that explain the emergence of CCT programs. Increased electoral competition helped to channel popular demands for social inclusion. Political ideology facilitated the international diffusion of CCTs and determined the degree of universalism of social policies. Additionally, CCTs were effective because they were designed and implemented in a way that circumvented public administrators traditionally prone to patrimonial and clientelistic practices.