Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2022 - 20263

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.DERECHO A LA RESISTENCIA

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    El ejercicio del derechoa la resistencia en las movilizaciones del Movimiento Indígena y Campesino de Cotopaxi
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Copara Millingalli, Nataly Nicol
    ;
    Vargas Salazar, Gavino
    This research analyzed the exercise of the right to resistance in the mobilizations of the Indigenous and Peasant Movement of Cotopaxi (MICC), considering its constitutional recognition, the causes of social protests and the legal repercussions derived from its exercise within the Ecuadorian context, examining the tensions between the constitutional right to resistance and the state's responses to indigenous mobilizations linked to economic policies. defense of the territory, protection of water and collective rights. The research was developed under a qualitative approach with the application of analytical, descriptive and legal methods, together with bibliographic review techniques, normative analysis and interviews with judges, lawyers and indigenous leaders, identifying that Article 98 of the Constitution of the Republic of Ecuador constitutes the main foundation of the right to resistance, although normative gaps and jurisprudential limitations persist in its practical application; likewise, it was established that the mobilizations of the MICC respond to problems related to social inequality, increase in the cost of living, absence of state attention, opposition to mining projects and defense of collective rights, showing that these actions have influenced state decisions and public policies, although they have also generated processes of criminalization, prosecution of leaders and excessive use of public force. It is established that the right to resistance is configured as a legitimate mechanism of collective defense and social participation within the constitutional order of Ecuador, however it faces institutional and legal restrictions that directly affect indigenous organizations and various social actors, which generates conditions of limitation in its effective exercise within the processes of protest and social vindication. in view of this reality, the strengthening of jurisprudential development in constitutional matters, the consolidation of spaces for dialogue between the State and social groups, and the adoption of measures aimed at avoiding the criminalization of social protest are proposed.
  • Miniatura
    Item type:Ítem,
    Límites al Derecho a la Resistencia en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03)
    Martínez Cisneros, Lizbeth Adriana
    ;
    Espín Meléndez, Maria Cristina
    The right to resistance has been provided for in Ecuadorian legislation since 2008. However, nowadays there is still no regulation of this right in the sphere of social protests, especially as it is the main form of demonstration. Hence, the study's objective is to analyse the impact of the abuse of the right to resistance in the context of protests. In the first place, the abusive use of restrictions for its execution, secondly, when it is in development, it is repressed with the generalised application of constitutional mechanisms based on public order. Such is the case that in Ecuador, as of 2019, it has become common to decree a state of emergency to repress them, being notorious how the rights of citizens are not respected when they are in resistance. Through the methodology of quantitative and qualitative approach, and a descriptive level, the ways of limiting the right to resistance in Ecuador are analysed. To obtain the data, surveys and interviews were conducted with experts in the field of constitutional matters. It was determined that, in Ecuador, the materialisation and execution of constitutional rights are superficially effective, as they do not guarantee a dignified life
  • Miniatura
    Item type:Ítem,
    El derecho a la resistencia y los delitos contra la estructura del estado constitucional
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02)
    Cordova Cortez, Cristhian Andres
    ;
    Espín Meléndez, María Cristina
    This research work seeks to know how the exercise of the right to social resistance recognized in the Constitution of the Republic in article 98, has put citizen security and the structure of the constitutional State at risk through the commission of serious crimes typified in the Organic Code Integra Penal. This is due to the violent means through which the right to resistance and social protest is exercised, which are summoned by fully identified social leaders and with a clear political tendency. A qualitative and quantitative approach methodology was applied, of historical and deductive level as well as being explanatory. To obtain the quantitative data, interviews were applied to prominent social leaders and academics at the national level. After applying the methodology, it can be determined that in the exercise of the right to resistance, excesses have been committed that put citizen security at risk due to vandalism and political security due to the commission of serious crimes against the Constitutional State