Más allá del lawfare: avatares de la judicialización de las políticas públicas y los conflictos sociales en Argentina y América Latina

Abstract

This article seeks to sociologically examine the phenomena of judicialization, by standing on a multidimensional point of view and focusing on its productivity -that is, its structuring and longrange effects on the social and political order-. By focusing on the Argentinian case and recovering Latin American experiences, we shall undertake a qualitative methodology of literature review through which we will identify the ways in which this issue has been characterized and the dimensions in which it has been categorized. Thus, this paper is structured in three parts: the repositioning of law and the Judiciary since the beginning of the democratic period, the displacement of conflicts towards courts and the rise of judicial activism. Lastly, we will propose a series of methodological and conceptual forethoughts in order to carry out a sociology of judicialization. (English) [ABSTRACT FROM AUTHOR]