El derecho a la resistencia: análisis del alcance de la norma y la desnaturalización del Poder Coercitivo del Estado

The present graduation thesis, titled "The Right to Resistance: Analysis of the Scope of the Norm and the Denaturalization of the State's Coercive Power," aimed to determine whether there is a denaturalization of the State's coercive power to assess the social risks and consequences associated with the exercise of the right to resistance in the Ecuadorian context, and to formulate a concrete proposal for a more precise and effective regulation of the right to resistance. This research employed a qualitative research approach to the juridical-analytical, dogmatic, historical-logical, and juridical-doctrinal methods. The study was limited to a non-probabilistic convenience sample under the following selection criteria: five judges, ten practicing lawyers, and 20 law students. The results from surveys and bibliographic research indicated that there is, in fact, a legal gap within Article 98 of the Constitution of the Republic of Ecuador, leaving significant subjectivity to the holder. Additionally, the research concluded that the lack of clarity in the current norm generates a denaturalization of the State's coercive power; the subjectivity of this right poses social risks, such as the potential infringement on the rights of third parties; and the best proposal to address this issue is a constitutional amendment that is clear and precise, guiding the proper exercise of this right. In conclusion, it is recommended that normative clarity be strengthened to prevent the denaturalization of State coercion, that this right be exercised with ethical responsibility, and that the legislative body be encouraged to work diligently on a constitutional amendment that serves the good of society.

• 1. Verfasser: Cevallos Yucta, Daniela Bersabeth (author)
• Weitere Verfasser: Reyes Bustillos, Alison Ayquel (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2025
• Schlagworte: Derecho; Resistencia; Coacción; Estado
• Online Zugang: http://dspace.unach.edu.ec/handle/51000/14653