Examinando por Autor "Córdova Chaca, Guisselle Katherine"
Mostrando 1 - 1 de 1
Resultados por página
Opciones de ordenación
- ÍtemAcceso AbiertoCriminalización del Derecho Constitucional a la resistencia, mediante el Delito de Rebelión(Universidad Católica de Cuenca., 2022) Córdova Chaca, Guisselle Katherine; Arciniegas Castro, César Leonardo; 0105852131The figure of rebellion has generated a conflict of thoughts, considering it as a right, even using it as a synonym of resistance, but for others, this figure is a crime. Being typified as a crime in the Ecuadorian legislation with the assumption of protecting public safety, the Constitution, and the government. Considering that the Universal Declaration of Human Rights establishes rebellion as a supreme resource and, due to the opposing views, the following question has been formulated: Does Ecuadorian legislation consider the figure of rebellion as a crime, violating the right of citizens to complain about the unjust decisions of their rulers? To respond to this problem, we will analyze through legal dogmatics the deconfiguration of the figure of rebellion, to use it as a mechanism of criminalization of resistance. The evolution of the criminalization of resistance in the concept of rebellion will be explained doctrinally. And the rights violated by this criminal type will be identified. The qualitative method will be used, approaching from different perspectives the reality of the subject to be investigated. Likewise, the systematic, historical, and deductive-inductive methods will be used. Methods that will help to compile and assemble the development of the research with solid foundations. The subject of this research is important because, different positions will be observed regarding the figure of rebellion and how it has evolved in Ecuadorian legislation, using it to criminalize the right to resistance, to maintain control, and silence the people who exercise their right to claim.