One of the greatest threats to democracy in Latin America is no longer the old-fashioned coup. The new way to autocracy is more subtle, with lawfully elected leaders systematically eroding key safeguards to the separation of powers. They do so by chipping away at judicial independence, fair trial standards, electoral fairness, civic space, freedom of expression and freedom of the press. This is coupled with persistent and pervasive levels of corruption. It leads to governments stacking courts and undermining the autonomy of the judiciary, with the aim of limiting the checks on executive power.

Against this backdrop, the critical importance of a robust, independent judiciary cannot be overstated. A strong judiciary has proven to be a bulwark against democratic backsliding in many Latin American countries like Brazil, when the federal justice system upheld the electoral results in 2022; or Mexico, where the Supreme Court is resisting the government’s attempts to introduce unconstitutional reforms that would bolster executive power; or Guatemala, whose Constitutional Court ensured the transfer of power to the duly elected candidate Bernardo Arévalo, despite attempts to overturn the electoral result. 

This session will explore the intricacies of a complex vision of the rule of law in Latin American countries. On one side, the pragmatic need to tackle the plagues of corruption and organised crime. On the other, the necessity to build a system of checks and balances with a specific focus on the role of judges and prosecutors.