El ejercicio al derecho a la resistencia como garantía constitucional extrainstitucional en el nuevo constitucionalismo latinoamericano

Abstract

The right to resistance has not reached a normative development that allows identifying the limits of its exercise, so much so that its application can be carried out in a normative framework that allows the individual or the community to act with the certainty that their actions are framed in the legitimate exercise of their rights, likewise, so that the State and its delegates can fulfill their obligation to guarantee their exercise while preventing their exercise from affecting the rights of third parties. The present study presents the normative and doctrinal analysis of the right to resistance in Ecuadorian constitutional law, the elements that make it up, the aspects that allow its exercise, and the elements that constitute the right itself and its form of application