Mobilization of rights: uses and legal strategies of collective actors and social movements/ Mobilizacao de direitos: usos e estrategias juridicas dos atores coletivos e movimentos sociais/ Mobilizacion de derechos: usos y estrategias legales de los actores colectivos y movimientos sociales.
| Autor | Ribas, Luiz Otavio |
Economic and political crisis, crisis of the social reproduction system, ecological crisis: the diagnosis of the multiple crises has taken the center of political and social discourses in recent years. The political landscape has been marked by deep upheavals and, whether to the south or to the global north, policies of privatization, reduction of investments from the State--the so-called "austerity policies"--are growing as a glance over the already precarious rights established in the Constitution which were barely effective.
On the other hand, it is also true that a wave of social mobilizations, protests, manifestations and insurgencies has been growing, which has certainly boosted the organizations and hopes of progressive social movements everywhere. Such struggles were articulated in the radical form of protests, but also through claims for rights and legal strategies. In this context, this dossier aims to problematize the meanings conferred by social movements and collective organizations to the legal strategies or claims for rights within their social struggles.
With this issue, we hope to offer a framework on different approaches on the concept of "mobilization of rights", from which we aim to conceptualize a broader phenomenon of mobilization. This means not only the mobilization of the social movements within certain judicial institutions, but also the political context in which the phenomenon develops--political system, State apparatuses--and the interpretation that social movements do about the legal form and its institutionality when deciding to organize or participate in a legal claim.
The Latin American critical tradition presents a long trajectory of debates on insurgent movements and experiences of social movements that develop through the Marxist critiques of law, the legal pluralism, and the researches on the constituent processes and resistance against dictatorship. However, in our view, a less explored field is the interface between social movements theories and critical theories of law, and consequently, its unfolding in order to understand the processes of institutional rupture, reforms and democratization from the demands of the social movements.
The theme "mobilization of rights and social movements" is linked to the human rights agenda and to social struggles, especially after the Brazilian Constitution of 1988. These struggles, in the Brazilian case, are reflected in different initiatives, agendas and organizations.
In the organization of the workers, the strikes of the early twentieth century, especially in Rio de Janeiro and Sao Paulo, were decisive in achieving the reduction of working hours and better working conditions, as well as the struggle of women through the suffragists' movement.
In the organization of traditional peoples, the examples of the quilombos and revolts from the sixteenth century to the present day, in the regions where slave labor reigned, were important for the abolition of slavery and resistance of an African identity in Brazil. Today, mobilization is maintained by the right to land and to identity. The Amnesty after the Brazilian dictatorship represents another struggle that mobilized the families of the disappeared, persecuted politicians, and militants in the search for the right to memory and reparation of the crimes of that period.
Popular movements are articulated for rights, such as the expressive mobilization of the countryside movements for the approval of an agrarian reform policy in the 1987 Constituent Assembly, as well as the legal argumentation of the Landless Rural Workers' Movement (MST) on the necessary expropriation of those who proprieties that disregard the social function of the land. In addition, it is also to mention the proposal...
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