La criminalización de la protesta social como sistema de restricción de los derechos humanos

Within this thesis is called "the criminalization of social protest RESTRAINT SYSTEM OF HUMAN RIGHTS", I have allowed to take several key points about this serious social conflict that has no basis in criminal dogmatics, initiate performing a brief study on the conceptualization of human r...

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Збережено в:
Бібліографічні деталі
Автор: Silva Calle, Alex Plutarco (author)
Формат: masterThesis
Мова:spa
Опубліковано: 2011
Онлайн доступ:http://dspace.unl.edu.ec/jspui/handle/123456789/8172
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Резюме:Within this thesis is called "the criminalization of social protest RESTRAINT SYSTEM OF HUMAN RIGHTS", I have allowed to take several key points about this serious social conflict that has no basis in criminal dogmatics, initiate performing a brief study on the conceptualization of human rights and will realize a short summary of the emergence and evolution of social protest in Ecuador to size the issue in the criminal field. In a general summary are taken into account Criminal Law, Criminal dogmatics, Human Rights, Criminalization of Social Protest, and also will make a comparative study of Ecuadorian law with other laws of European and South American countries. Then I will make a breakdown of some acts of violation of human rights, which were taken against people for having made use of social protest to demand their right to a dignified life raised in some parts of our country, to able to support the proposed decriminalization and legalization of social protest in this way whose main objective is to ensure social groups their right to dissent against any act that affects against society, especially to recognize the full exercise of the rights to freedom of speech, freedom of assembly and freedom of association. To fulfill my objectives, I have relied on field work I have done to free exercise of lawyers in the profession and judges of the Court of Justice of Loja and Guayaquil. As for the conclusions and recommendations at the end of respective tabulation of the surveys and interviews I noticed that the people surveyed and interviewed mostly agree with the decriminalization and legalization of social protest. As an example of social discontent arising from this issue will present their respective findings and recommendations obtained from the various approaches spill on the questions of the surveys and interviews applied to the persons involved in carrying out the fieldwork. The merits of the proposed solution will tend to defend citizens' rights such as the free expression, assembly and association enshrined in the Constitution of the Republic of Ecuador, rejecting all acts to criminalize social protest and violate the rights of citizens and the general public, generating a model that contributes to this doctrinal purpose.