Latin America's Fight for Justice: How Social Movements are Rewriting the Rules

Rhea Morgan in Law & Justice June 2025 • 4 min read.

"Uncover the pivotal role of democratic constitutionalism in shaping transitional justice across Latin America."

Across Latin America, the pursuit of justice following periods of conflict and authoritarian rule has sparked significant debate and reform. This movement, often termed transitional justice, seeks to address past human rights violations, promote reconciliation, and strengthen democratic institutions. An increasingly critical aspect of this process is the judicialization of transitional justice, where legal systems are used to investigate, prosecute, and redress historical injustices.

This article delves into how social movements across Latin America are instrumental in guiding this judicialization process. It examines how these movements leverage domestic and international laws to push for accountability, challenge amnesty laws, and ensure that victims' voices are heard. Their efforts not only seek legal redress but also aim to reshape constitutional norms and promote a more inclusive and democratic society.

By examining cases in Brazil, Argentina, Chile, and Uruguay, we uncover the complexities and impacts of judicializing transitional justice. From overturning amnesty laws to prosecuting former dictators, the actions of social movements are reshaping legal and political landscapes, setting new precedents for justice and accountability in the region.

The Power of Social Movements in Legal Arenas

A digital illustration symbolizing the march for justice in Latin America, with scales of justice in the sky.

Social movements across Latin America are adept at using legal mechanisms to advance their goals. They strategically file lawsuits, challenge legislation, and advocate for constitutional reforms to address historical injustices. These actions often target amnesty laws that protect perpetrators of human rights abuses, pushing for these laws to be overturned or reinterpreted in accordance with international human rights standards.

In many cases, these movements collaborate with human rights organizations, legal scholars, and international bodies to build strong legal arguments and mobilize public support. By framing their demands in the language of rights and justice, they appeal to both domestic and international legal norms, increasing pressure on governments and judicial systems to take action.

Strategic Litigation: Filing lawsuits to challenge unjust laws and demand accountability.
Public Advocacy: Raising awareness and mobilizing public support for transitional justice.
Legal Expertise: Partnering with lawyers and scholars to build strong legal arguments.
International Pressure: Engaging with international bodies to push for compliance with human rights standards.

A significant challenge in the judicialization of transitional justice is the resistance from conservative elements within the legal system. Judges and political actors may be reluctant to challenge established power structures or may prioritize stability over accountability. This resistance can manifest as delays in court proceedings, restrictive interpretations of laws, or even reversals of previous rulings. However, the persistence and adaptability of social movements often help to overcome these obstacles, gradually shifting legal norms and creating new avenues for justice.

The Ongoing Quest for Justice

The judicialization of transitional justice in Latin America reflects a broader global trend towards accountability for human rights violations. While challenges remain, the strategic use of legal systems by social movements offers a powerful tool for redressing past injustices, promoting democratic reforms, and fostering a more just and equitable society. As these movements continue to evolve and adapt, their impact on constitutionalism and the rule of law will likely deepen, shaping the future of justice in the region.

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Everything You Need To Know

What is meant by 'transitional justice' in the context of Latin America, and how has it evolved through judicialization?

Transitional justice in Latin America addresses past human rights violations, promoting reconciliation and strengthening democratic institutions. It has evolved into the judicialization of transitional justice, where legal systems investigate, prosecute, and redress historical injustices. Social movements guide this process by leveraging domestic and international laws to push for accountability, challenge amnesty laws, and ensure victims' voices are heard, reshaping constitutional norms and promoting a more inclusive and democratic society. While it focuses on legal redress, it also seeks broader societal and constitutional changes.

In what specific ways do social movements in Latin America utilize legal systems to advance transitional justice?

Social movements in Latin America strategically use legal mechanisms like lawsuits and advocacy for constitutional reforms to address historical injustices. They often target amnesty laws, pushing for their overturn or reinterpretation in line with international human rights standards. They collaborate with human rights organizations, legal scholars, and international bodies to build strong legal arguments and mobilize public support, appealing to domestic and international legal norms. Not mentioned explicitly are other forms of advocacy like protests, truth commissions, or educational initiatives that support the legal efforts.

What challenges do social movements face from within the legal system when pursuing the judicialization of transitional justice?

Resistance from conservative elements within the legal system poses a significant challenge to the judicialization of transitional justice. Judges and political actors may resist challenging established power structures, leading to delays, restrictive interpretations of laws, or reversals of rulings. However, the persistence and adaptability of social movements often help overcome these obstacles, gradually shifting legal norms and creating new avenues for justice. Overcoming this resistance is crucial for successfully challenging amnesty laws and holding perpetrators accountable, furthering the goals of transitional justice.

How does the judicialization of transitional justice influence constitutionalism and legal frameworks in Latin American countries?

The judicialization of transitional justice in Latin America impacts constitutionalism by reshaping legal norms and setting new precedents for justice and accountability. Social movements' actions, such as overturning amnesty laws and prosecuting former dictators, reshape legal and political landscapes, influencing how future cases of human rights violations are handled and setting new standards for democratic governance. This evolution in constitutionalism reinforces the rule of law and promotes a more just and equitable society, ensuring that past injustices are not forgotten and that perpetrators are held accountable.

Beyond Latin America, what are the broader implications of judicializing transitional justice, and how might it affect global efforts to address human rights violations?

The ongoing quest for justice in Latin America reflects a global trend towards accountability for human rights violations. The strategic use of legal systems by social movements offers a powerful tool for redressing past injustices, promoting democratic reforms, and fostering a more just and equitable society. As these movements continue to evolve and adapt, their impact on constitutionalism and the rule of law will likely deepen, shaping the future of justice in the region and potentially influencing transitional justice efforts worldwide. The success or failure of these movements can significantly impact the stability and democratic progress of Latin American nations.