El movimiento de los sin-papeles como sujeto de juridicidad

Abstract

From a traditional perspective of Law, the production of legal rules is limited to State powers (legislative, executive and judiciary) as well as to some social agents legitimated through mechanisms of social participation foreseen in the legal system. The regulatory capacity of agents not recognized as subjects of legality can only be investigated from a sociological perspective of the alternativity of Law. This paper draws attention on acts of migrants, especially those irregular immigrants or sinpapeles as subjects of legality. Starting with an analysis of the social, legal and political context of the sit-ins and other acts of mobilization that took place in 2001, we will investigate the capacity of the sinpapeles movement in Barcelona to influence legal production either by creating, modifying or altering the policy agenda on migration.