ESTRUCTURA JUDICIAL DE DERECHOS HUMANOS CONTEXTUALIZADA EN ARGENTINA

Abstract

The proved legal status of over 7,000 detained and missing people between the late 70s and early 80s created a problem that affected the subjectivity of thousands of Argentineans and had international jurisdiction-level consequences. We think that the construction of human rights policy is not an attempt of economic emancipation through legal mechanisms. We believe it is the result of an interaction between the Argentine exercise of power with repressive and wicked characteristics – that manages a particular political and economic model, as well as social and institutional relationships -, and the resistance of Argentineans against the drawbacks resulting from market conditions.

The issue of human rights set up a new cycle in the intervention of the Argentine State when actions that preserved civic and economic “freedom” were promoted. Our analysis sees the legal system as another domination device, as one of the agents of power that resorts to different domination strategies and techniques. The judicial time involved in prosecuting, prescribing or postponing a sentence is a subjectivizing factor, in the sense that it represents a delay in legal redress cases and resocialization processes. The resulting effects of this situation involve psychological frustration and weakening, accumulation of human beings as if they were piles of waste, eroding civic life, numbing the collective body, and building collective impotence. In this context, there is a chance of claiming for one’s rights when they are violated or omitted. Impunity is to justice what collective numbness and undervaluation of the public domain is to identity. They are contemporary relatives, and all of them co-exist in our subjective processes.