Derecho a la resistencia y la criminalización de su ejercicio en el Ecuador

Abstract

The right to resistance is that enshrined in the Constitution of the Republic of Ecuador, which has the objective that individuals and groups can oppose decisions or actions of the competent authority, considered as a constitutional right and can be exercised in the moment in which other rights are created violated by the State apparatus. Taking into consideration that the right to resistance has been embedded within international conventions or treaties, established as a right against authoritarian governments or tyrants who want to violate all the rights of citizens to obtain an individual benefit. On the other hand, although it is a constitutional right, in the event that its exercise exceeds the permitted limits of any right, that is, it violates or injures the rights of third parties, it is typified in the Comprehensive Organic Penal Code as “attack or resistance” establishing that individual or group that attacks or resists with violence or threat against public employees and other competent authorities will be sanctioned according to this section. It is worth mentioning that the rights of citizens are hierarchically equal and will be respected in the same way, so that within the doctrine it has been considered that the rights of one person end when the rights of another begin; and, for this reason, when the right to resistance violates rights against the competent authorities in the exercise of their functions, acting under the execution of the laws or competent orders or regulations, they will be sanctioned under the crime of " attack or resistance ”, established in Article 283 of the Comprehensive Organic Penal Code (2014).