Legalization of repression of protests and social movements in Latin America

Abstract

Although each Latin American country has its own history and independent process, there are common and shared characteristics in these countries: the existence of concentrated power structures and unequal and hierarchical social systems. From the class struggle, the defense of human rights, student, worker, peasant and urban protests, access to land, quality of life, indigenous movements, among many other demands of the population, have been the object of claims of rights against the States, and consequently have triggered the implementation of protests and social demonstrations aimed at demonstrating discontent over unsatisfied basic needs and the real deterioration of the rights of which the States should be the guarantor.
Although the right to social protest is well recognized constitutionally and internationally, governments have been implementing with increasing force, measures that have limited this right, restricting it and managing to silence the demands of the population, thus preventing its legitimacy from being affected, flagrantly violating the participation of movements that defend, expand and redefine rights and make democracy effective. In this context, this article aims to document the restrictive practices of some Latin American countries regarding the criminalization of social protest, which do not allow the effective enjoyment of this right and consequently undermine the effectiveness of other fundamental rights, in view of which, finally, some proposals about some essential practices for the full development of the right to protest will be evaluated.