by the e,am%le of the Posse Comitatus Act. U#ate taced the %endula %atten of altenatin# ci"ilian and militay ule common in 6atin Ameica duin# the $
centuy to the lac& of an adeuate+ aticulated se%aation of intenal secuity and national defense oles. Thus+ the militay de"elo%ed into %aetoian #uads thou#h the ille#itimate use of the tools of a %olice state. U#ate noted that moden democacies as in the United States and =esten Duo%e+ includin# S%ain+ taly and BanceFthee counties that+ li&e those of 6atin Ameica+ follo!ed the ;a%oleonic code of @usticeFae maintained by clea distinctions bet!een militay and %olice functions.
n 1 Gussell =. Gamsey found that+ at the end of the Cold =a+ in /the !old's oldest and most homo#enous bloc& of constitutional and inde%endent nationstates 2 ilitay %aetoianism unde all bannes is 2 in dise%ute+ and the %osse comitatus %inci%le is no! the la! thou#hout 6atin Ameica e,ce%t in -aiti and Cuba.0
-o!e"e+ only a elati"ely fe! 6atin Ameican counties hadF!ith "ayin# de#ees of successF&e%t the amed foces e,%essly out of intenal secuity. Costa Gica+ the e#ion's oldest democacy+ abolished its militay in 18? its elite %olice units ae hea"ily amed and in some !ays indistin#uishable fom militay uban combat o#ani4ations. Panama also abolished its amed foces afte the U.S. in"asion of 18. Bollo!in# bitte debate thou#hout the 18$s+ A#entinaF!ith its lon# histoy of militay cou%s Fclealy defined la! enfocement as a ci"ilian %olice mission. And the 1 %eace accods in Dl Sal"ado foced the militay to cicumscibe its mission to national defense+ !hile %o"idin# fo the ceation of a ;ational Ci"ilian Police? the %osci%tion on militay in"ol"ement+ has been obse"ed in the beech+ %aticulaly as #an#elated "iolence soaed. n ecent yeas the ci"ilian leadeshi% of a numbe of counties ha"e found they ha"e been foced+ by necessity o con"enience+ to in"ol"e o eintoduce the militay moe in intenal secuity. n ach $$8+ the :oli"ian #o"enment enacted a decee #i"in# the militay a &ey ole+ includin# aest %o!es+ in customs enfocement and confiscatin# contaband at the bodes+ des%ite #o!in# fiction !ith the %olice.
And in :a4il+ /the #o!in# militai4ation of those o%eations meant to #uaantee %ublic safety+0 !hee /the functions of national defense ha"e me#ed dan#eously !ith the maintenance of intenal ode+0 has led to a seies of %ublic safety scandals embaassin# to the :a4ilian amy.
n e,ico+ the amy has been thust onto the fi#ht a#ainst outofcontol du# mafias+ la#ely because local and state la! enfocement is %emeated !ith nacocou%tion and lac&s the stuctue and ca%abilities to do moe. ebate o"e the %o%e conduct of the du# /!a0 in 6atin Ameica has also fueled citation of the U.S. %osse comitatus statute. Unde the Posse Comitatus Act+ !ote ciminolo#ist Du#ene D. :ouley+ 9.+ /the United
(:uenos Aies< Bundacion Atuo llia+ 1$)? the autho has had se"eal con"esations about the im%otance of the Posse Comitatus Act !ith U#ate datin# to 188 in !hich the A#entine has e%eatedly stessed it as landma& @uis%udence that sha%ed and infomed his o!n thin&in# on the sub@ect.
Gamsey+ /U.S. State#y fo 6atin Ameica+0
Autumn 1+ %. 7$.
9o#e a"eucha+ /6a militai4acion de la se#uidad %ublica en :a4il+
Nueva Sociedad No. )*,
eneofebeo+ $$8? see also+ Jay uffy+ /9ud#e Censues :a4ilian Too%s+0
9une 1+ $$8+ and /6ula Qindi#nant' o"e Amy offices' alle#ed ties to &illin#s+0
9une 17+ $$8. The ne!s e%ots chonicled the fate of 11 Amy offices in"ol"ed in anti#an# enfocement in Gio de 9aneio !ho alle#edly tuned o"e thee youths to a local du# #an# !ho late &illed them. The
e%oted that in the !a&e of the &illin#s at @ud#e efeed to the amy's /inability and lac& of %e%aation0 in #uaanteein# ode in the city+ and said that< /The @ud#eIs conclusion that usin# the militay fo this &ind of o%eation "iolates the constitution seems li&ely to intensify debate o"e e,actly !hat ole+ if any+ the amy can %lay in hel%in# to deal !ith GioIs com%le, secuity %oblems.0