Limitations to the right to resistance in ecuador: case of judicialization of the indigenous demonstrations of 2019

Abstract

For the present article, we have to observe how oppressive policies of the State power, be these social, economic and other varied, violate our fundamental rights, the method that I have allowed myself to use is the systematic literature review, using documentary analysis as a research technique, collecting material concerning what is the right to resistance and especially what happened in the uprisings of the year two thousand ten and nine in the city of Quito; the art. 98 of the Constitution of Ecuador, within the series of rights, establishes it as a human right, this right guarantees its components, to resist without the shields that the State has created to degrade them, constituting itself as a constitutional guarantee of extra-institutional character. Its purpose is to allow citizens to directly defend and protect their fundamental rights, especially in contexts where traditional institutions fail to resolve conflicts, such as in crisis situations. The apex of the research is to argue that the right to resistance should not only be looked at subtly, as an essential guarantee for the protection of citizens' rights, but also as a barrier against the criminalization of social protest, which should be demanded as a relevant point in whose first and last instance is the value of being.