Reforma y estudio del art.98 de la Constitución de la República del Ecuador.

Abstract

The fundamental rights that citizens who reside in a certain place possess are fundamental when stipulated in the Constitution of the Republic of Ecuador (2008), determining to guarantee the right to resistance with the definition of exercising the institutional immediacy of the State as it is a guarantee non-institutional. The constitutional guarantees remain under the direct tutelage of the actors themselves, however, due to the influence of factors, human conflicts cannot be solved institutionally, be it in the political, economic, or social spheres, among others; when observing the need to attend to extra resources for violating the rights that are particularly recognized (social protests). Specifically, criminal law is the instrument that is handled repressively to control massive conflicts under an extraordinary sanction, in addition, it is reduced to the punitive power that the guarantee system has the opening to generate sanctions. The objective of this research work is to justify that the right to resistance is of the utmost importance as it is a right with an extra-institutional guarantee that the State proclaims to the Ecuadorian citizen with the protection of the limit in the face of social protests that encourage direct violence. of society in a transversal way with the rational use of punishment against acts of resistance, criminal offenses, etc.; In order to consider that criminal law is one of the fundamental rights that will never be considered as crimes that become an authoritarian system for the State.