Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.DERECHO A LA RESISTENCIA

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    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
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    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