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This article aims to analyze, through judicial decisions and legislation concerning the role of the Supreme Courts of Brazil and Argentina, and it’s position concerning the democratic rupture experienced in these countries since the coups of April 1 of 1964 and March 24 of 1976, seeking to understand the dialectical relationship between the Judiciary and the repression that was implemented in the years that followed. The theoretical perspective is based on the history of law, a comprehensive concept that includes rules, social norms sanctioned by authorities, within a precise system of coercion and punishment and that requires a clear delimitation of its borders. The analysis of the legislation and the sources allowed to verify that the Brazilian Supreme Court played a more effective role in limiting the repression than its Argentinian counterpart, demonstrating the interest by both of the regimes in maintaining a certain degree of legality in their conduct.

Justiça e Ditadura: atuação das Cortes Supremas de Brasil e Argentina durante as ditaduras de segurança nacional