Derecho a la Resistencia, Antecedentes Históricos, Trascendencia Internacional y Aplicación en el Ecuador

This study was created with the intention of making an analytical, legal, historical and doctrinal approach of the right to resistance as a legal institution, in which the readers can learn more of the transcendent points on this right and at the same time generate in the readers the necessity to keep investigating this issue that certainly cannot be fully approached in a single investigation. This doctrinaire research consists of four chapters, which addresses the transcendent factors of this right. In chapter one I analyzed as a first sub-theme what is the purpose of the right to resistance, in which we find the reach of the fullness of the law, and on the other hand the demand to recognize new rights, in the second sub-theme I make a doctrinaire classification of the right, dividing it into violent mechanisms and peaceful mechanisms, and the third and final sub-theme is based on the work made from specialized writers who try to achieve an objective conceptual approach. In the second chapter, I make an historical retrospective of the most important events where the right of resistance was exerted, also I make a special mention to the actions of resistance that were looking for gender equality to the law. In the third chapter I make a proposal based on the standards of the Inter-American Human Rights System, because even though it’s true that the right to resistance is not found in the American 5 Convention on Human Rights, that doesn’t mean that is not protected through collateral rights such as the right to freedom of expression, freedom of assembly, freedom of association and freedom of conscience and religion, rights that are analyzed in the jurisprudence of the Inter-American Court of Human Rights and through reports from the Committee of Human Rights of the United Nations, in those cases that are linked to the right of resistance. Within the same chapter I make a study of comparative law with the laws of Argentina, Cuba and Guatemala, where both similarities and differences are displayed. The fourth and final chapter is based on the themes developed in the preceding right to resistance within Ecuadorian law, approaching it from guarantees to its limitations and restrictions. At the same time,this invstigationt has contribution from legal experts of law, which through interviews reflected his thinking and specialized perspective on the law in question.

• Hlavní autor: Castillo Rodríguez, Pablo Andrés (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2016
• Témata: DERECHO; DERECHO A LA RESISTENCIA; ANTECEDENTES HISTÓRICOS; TRASCENDENCIA INTERNACIONAL
• On-line přístup: http://dspace.unl.edu.ec/jspui/handle/123456789/17029