Límites al Derecho a la Resistencia en el Ecuador

Abstract

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