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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.