Insuficiencia en la delimitación del derecho a la resistencia en la legislación ecuatoriana.

Abstract

The general objective of this article is to analyze the insufficiency in the delimitation of the right to resistance in Ecuadorian legislation, based on the criterion that this right is contemplated in article 98 of the Constitution of the Republic of Ecuador, when carrying out a review in Comparative law has been shown to be established in multiple international instruments on Human Rights, as an essential right of the citizen to oppose the activities of the State, when they directly violate a human right. The investigation is developed in relation to the fact that although the right to resistance is supported by the Constitution, the parameters or guidelines under which this right can be developed have not been established, which generates uncertainty in the way to exercise it. , the Constitutional Court has only referred to it in ruling 34-13-SCN-CC, but as an ineffective way of alleging it, and the Organic Law of Jurisdictional Guarantee and Constitutional Control has not developed this right either. From a methodological point of view, the research is carried out under a qualitative approach, based on documentary analysis of literary works, international Human Rights instruments and comparative law norms, linked to the right to resistance and how to exercise it. It was concluded that in the short term the Constitutional Court should issue a ruling delimiting this right.