El terrorismo y su uso político para la criminalización de las protestas sociales.

Abstract

This research analyzes the classification of terrorism as a crime in Article 366 of the Comprehensive Organic Criminal Code and its potential impact on the criminalization of social protests. To this end, it examines the legal complexity involved in precisely defining acts that constitute terrorism, as well as the difficulties arising from its current legal formulation. Furthermore, it will examine regulations in comparative law in search of a possible solution to the legal problem, while also highlighting the importance of guaranteeing rights derived from social protest, such as the rights to assembly, peaceful demonstration, and resistance. Prior to analyzing specific cases, the structure of the current criminal offense will be explored in comparison with the 1971 Penal Code, highlighting the differences and similarities in its classification. The objective of this research is to determine the criminal offense and whether its legal and textual interpretation aligns with the principles of legality, harm, proportionality, and minimum criminal intervention. Therefore, a qualitative legal methodology was employed, utilizing doctrinal, normative, and jurisprudential analysis to study cases such as the "Luluncoto 10" and recent cases like the "Otavalo 12." The results obtained demonstrate how the imprecision of the criminal offense, coupled with the lack of application of the principles, has led to collective prosecutions and reveals state intervention through the criminal justice system to attempt to limit the exercise of rights in contexts of social protest.