Legal Mobilization

Abstract

Abstract Over the past two decades, the use of law and courts has become part of the repertoire of collective action by social movements in Latin America. After democratic transitions, the rights discourse set out to permeate political claims, social actors started framing their grievances and goals in terms of legal and constitutional rights, and constitutional and judicial reforms brought about new legal opportunities for social actors in different Latin American countries. In this setting, legal mobilization became part of social movements’ work and strategies, and movements started to have a relevant role in constitutional politics. This chapter presents an account of the main processes and events in the recent history of the interaction between social movements and the judicial system across the region. It analyzes the role of social movements in the creation of new legal opportunities, through their influence in constitutional conventions and judicial reform processes. It also examines some of the main developments in the relationship of social actors with the court system, including progressive judicialization as well as counter-legal mobilization. Finally, it addresses multi-level processes of legal mobilization, by pointing out the importance of international litigation and subnational legal mobilization and the impact of federalism.