Abstract

ASPINWALL, Mark. How legal opportunity conditions mobilization among environmental movements. Perf. latinoam. [online]. 2020, vol.28, n.56, pp.27-50.  Epub Aug 30, 2021. ISSN 0188-7653.  https://doi.org/10.18504/pl2856-002-2020.

In this paper I examine essential differences in the legal opportunity structures in Mexico and Brazil, and in particular how they affect the legal mobilization strategy of environmental public interest NGOs. I find that the Mexican legal opportunity structure creates a “self-help” system, leading to “social alliance” strategies, where NGOs build alliances, create value-added legal knowledge, and select among state institutions to bring litigation. The Brazilian legal opportunity structure is an “activist” system. This means that the State acts on behalf of environmental NGOs, leading to a “statist dependent” strategy by NGOs, who rely on activist institutions to take forward litigation on their behalf. Differences in the legal opportunity structure therefore have significant implications in terms of mobilization strategies. I illustrate these differences with a brief review of important environmental cases in both countries.

Keywords : legal mobilization; environmental movements; opportunity structure; Mexico; Brazil.