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INFRINGEMENT OF THE RIGHT TO RESISTANCE AGAINST OCCUPATIONS OR OMISSIONS OF THE PUBLIC POWER IN ECUADOR

Abstract:

This research work seeks to identify the violation of the rights to resistance of natural or legal individuals since they are part of the people and thus can exercise individually or collectively, being a natural right of defense against all kinds of arbitrariness and abuse of public power. At present there are main and fundamental rights to resistance of the people, and likewise how this right is born in Ecuador, since in our Magna Carta in Article 98 stipulates that individuals and collectives will be able to exercise the right to resistance against occupations or omissions of public power or natural or legal individuals of the State that violate or manage to violate their constitutional rights, and claim the recognition granted to each citizen. Finally, we will mention the Organic Integral Penal Code, where it indicates us about this right to resistance, which establishes prison sen-tences for those who abuse their legitimate right to resistance or who attempt to violate them.