Resumo

BASSA MERCADO, Jaime  e  MONDACA GARAY, Daniel. Social protest and law: an irresolvable tension. Izquierdas (Santiago) [online]. 2019, n.46, pp.105-136. ISSN 0718-5049.  http://dx.doi.org/10.4067/S0718-50492019000200105.

This paper analyses the tension produced by the encounter between constitutionalism and social protest, and how this tension appears upon problematizing the recent doctrine of social protest. Authors acknowledge an irreducible distance between these two phenomenons, due to the fact that social protest exists outside of the borders of legal normativity, hence, the legal system appears insufficient to process social protest as a socio-political phenomenon. In order to illustrate this main argument, it will expose the frailty of free speech clause as a cornerstone for social protest, as well as the tensions between both the individual and collective elements that constitute acts of social protest.

Palavras-chave : constitutionalism; social protest; free speech clause; social conflict..

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