Abstract

VELAZQUEZ RAMIREZ, Adrián. The relationship between democracy and law at the beginning of Argentine transition: the annulment of military self-amnesty. Perf. latinoam. [online]. 2020, vol.28, n.56, pp.1-26.  Epub Aug 30, 2021. ISSN 0188-7653.  https://doi.org/10.18504/pl2856-001-2020.

The article provides a general framework for how the relationship between law and democracy was raised at the beginning of Argentina’s 1983 transitional process. For this purpose we analyze the legal-political debates that promoted the transitional justice policy of the government of Raúl Alfonsín (1983-1989). In particular, we focuses on the legal argument with which it was repealed annulled the amnesty approved by the last military dictatorship (1976-1983), which was a break in the doctrine of the Corte Suprema de Justicia de la Nación that gave legal validity to governments de facto. This meant a new way of taking on the problem of legitimacy in the production of law in Argentine political history.

Keywords : transition to democracy; amnesty; Ley de Pacificación; transitional justice.