The Right to Resistance in Ecuador: A Formally Enshrined but Materially Invisible Constitutional Right?

Abstract

The right of resistance has been constitutionally recognized in Ecuador since 2008. The judicial value, historical significance and social importance of this right has not taken a strong foothold over the years, despite its direct and significant implications in the development of a constitutional state of rights and justice such as Ecuador. The lack of norms with respect to the proper exercising of
these rights casts doubt over the legal security of Ecuadorian citizens. These citizens, having availed themselves of all resources and measures within their reach to meet their needs, opt to resist measures, decisions, and actions undertaken by public authorities, or legal entities. The scarcity of information available regarding content and procedures on the law of (Latin), has created the pressing
need to further study this important yet overlooked right. The purpose of this article is to reflect and contribute to the body of academic knowledge on this topic from a critical and constructive perspective, on the importance of the right to resistance, it’s origin, evolution, conceptualization, and implications on a national level.

Key words
Right, right to resistance, constitution, legal security, criminalization, guarantee.