Derecho a la resistencia : limitaciones y problemática de su ejercicio legítimo.

Abstract

The Constitution of 2008 incorporated in Article 98 the right to resistance, which is a moral right and proper to the nature of the human being, which means that it is the obligation of the state -Article 11 numeral 9- to promote law enforcement, since there is no interpretation to exercise this right, we are in a legal oblivion that is resolved according to the discretion of the judges. Right to resistance allows "resist the law", therefore is necessary to have mandatory parameters and not only doctrinal limits that determine its field of action. For this reason, the Constitutional Court in its work of maximum interpreter of the Constitution must clarify the criteria for a legitimate exercise of the right to resistance, this is why invoking it generates uncertainty about its application and may attempt against legal security.