Abstract

PREGO, Florencia. The «new» rights in Latin America and the Judiciary: legal wars and state of exception in the 21st century. Estud. - Cent. Estud. Av., Univ. Nac. Córdoba [online]. 2023, n.49, pp.149-167. ISSN 1852-1568.

Abstract In the 21st century, the «new» right in Latin America found itself compelled to reconfigure their strategies of political action in the face of the progress of the progressive-populist cycle in the region. In effect, both the Legislative Power and the Judicial Power became key political and institutional spaces to nucleate and endow their political intervention strategies with legality, be they coups d'état of a new type (neo-coup) or legal wars, respectively. In this context, the Judiciary began to occupy a prominent place on the political and intellectual agenda and a central space in public opinion. This article seeks to analyze the importance of legal wars in research agendas. The hypothesis that guides our analysis is that in the 21st century the Judiciary and the «new» right established the conditions of possibility for the constitution of exceptional situations through legal wars with the aim of inhibiting, proscribing or displacing leaders politicians who promoted processes of social change in the region in order to consecrate a new social order.

Keywords : new rights; judiciary branch; legal wars; state of emergency.