Military overreach in Brazil and Pakistan: When the generals become the judges

Military courts in many countries are used as a tool of repression, shielding members of the military from accountability for human rights violations and trying civilians directly. These types of military overreach systems represent a danger to democracy, the rule of law, civil–military relations, and human rights. This chapter presents in-depth case studies of Brazil and Pakistan to show how countries end up in this situation. Brazil experienced a major democratic transition after a long period of institutionalized military rule. The military has come under heavy criticism from domestic and international actors for human rights violations committed during its rule. International courts have ruled against the government's practices. These factors in favor of reform, however, are negated by the persistent internal security threat of organized crime and drug-trafficking. While Brazil is an example of a persistent security threat resulting in static military overreach, Pakistan shows how the ebb and flow of security threats and the corresponding direct interventions by the military in politics explain the repeated shifts between jurisdictional contestation and military overreach. The country remains locked in this vicious cycle, with almost none of the factors necessary for reform present.