La supremacía del bien común frente a la protesta como ejercicio del derecho a la resistencia

Abstract

Abstract: The right to resistance in our country was institutionalized by the Constitution of Montecristi, the incorporation of this legal figure in our legal system is an advance in the construction of citizen power and responds to social evolution, as it arises from the need to counteract the illegitimate power and involves the opposition of people to an action that exceeds the limits of the legal or abuse of the ruler. The present work emphasizes that one of the primary tasks of the State is to guarantee security and social peace. Resistance is a moral precept whose relevance goes beyond its positivization, since it is aimed at safeguarding humane ends, since it emerges as a mechanism to make social needs known and to avoid the transgression of a right that is or could be transgressed, but this manifestation must be clothed with legitimacy and legality, so that there is no violation of other legal assets, thus constituting a mechanism for participation within the public system and popular control of State institutions.