La protesta social y el derecho a la resistencia: una aproximación a la crisis social de octubre 2019 en Ecuador

Abstract

Abstract: The main objective of this article is to analyze the exercise of the right to resistance in the particular context of the social crisis that Ecuador experienced in October 2019 regarding the economic measures announced by the National Government, including the elimination of subsidies for fuels. The intention is to contextualize the facts with constitutional regulation and doctrinal and jurisprudential contributions on the right to resistance to understand why the citizen response of October 2019 was legitimate and necessary. For this purpose, we will consider social protest as one of the genuine expressions of the right to resistance, which although very old in general terms, is still novel due to its recent incorporation into the 2008 Constitution and the intense debate that its extra legem nature has generated, and to which we try to contribute. Finally, due to the socio-legal nature of our research, on the one hand we have applied the non-interactive qualitative method through the design of analysis of concepts and content; and, on the other, the consequentialist theories of legal interpretation.