El voto obligatorio como restricción al derecho de libertad.

Abstract

Historically, the right to vote has been considered not only as an opportunity for the people to be part of the political progress of a nation, but also as a civicduty. In Ecuador, article 62 establishes compulsory voting for both sexes fromthe age of eighteen onwards; however, this obligation results in a direct violation of the freedom of conscience and expression that every citizen mustabstain from expressing his or her will at the ballot box. Although it has been determined to segregate this option with the null vote, the obligation to expressthe vote is still maintained and pecuniary sanctions have been established forthose who fail to comply with this assignment. It is in such a way that in the present work has been approached to analyze the tax nature of the vote as well as the faculties of the right to freedom that every person has and their respective scopes, where it has been determined that establishing sanctioningmeasures to condition the will of the citizens to attend the polls and if they do not do so, they are punished for it. The right of every person to resist and refuseto do or carry out what he or she does not believe in without the existence of a condition or coercion by the State is also a right to be consecrated and protected.