Vacíos legales en el derecho a la resistencia en el Ecuador conforme lo expresado en la norma constitucional

Abstract

The right to resistance recognized in Article 98 of the Constitution of the Republic of Ecuador, despite its formal recognition, presents difficulties in its application due to the absence of clear regulatory norms establishing its limits, scope, and guarantees. This lack of precision has led to diverse interpretations by authorities and judges, especially in contexts of social protest, affecting legal certainty and encouraging possible criminalization. In response, the study proposes the development of regulatory guidelines to provide greater legal certainty and ensure its legitimate exercise within the constitutional order.