Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Copara Millingalli, Nataly NicolSubject: search.filters.subject.DERECHOS COLECTIVOS

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    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.