Abstract

SIERRA FREIRE, Natalia. The Judicialization of the Social Struggle in Ecuador: The Case of the Guevarista Movement "Tierra y Libertad". Novum Jus [online]. 2023, vol.17, n.3, pp.43-65.  Epub Mar 12, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.3.2.

This article analyzes the processes of judicialization of politics in Ecuador. For this purpose, it adopts the perspective of critical legal sociology, based on the social-historical understanding of modern law and the radical critique of established legality, through the concepts of subaltern legality and emancipation of law. With this theoretical framework, through a qualitative analysis of the judicial process carried out by the State against the Movimiento Guevarista Tierray Libertad, we describe and characterize the criminal legal procedure that the political power, through the Attorney General's Office, uses to judicialize the social struggle and the political and ideological dissidence. As a result, three types of legal-political resources used in this procedure were established: the construction of a judicial false positive, the construction of the internal enemy and the criminalization of the political militant degraded to a common criminal. It was also determined that this type of judicial proceedings are full of vices and nullities, derived from the interference of extrajudicial interests linked to the control and persecution of political and ideological dissidence.

Keywords : judicialization; social struggle; critical legal sociology; judicial false positives; enemy within; criminalization.

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