Derecho a la resistencia VS Delito de paralización de servicios públicos. Caso Morona Santiago

Abstract

The following investigation work contains a study about the normative that regulates the Resistance Right Vs the Paralyzation of Public Services that results in a felony that is typified in the article 346 of the Integral Organic Criminal Code.

For this, first we are going to do a historical and theoretical analysis of the Resistance Right in Ecuador. From its background until it became expressly recognized in the Montecristi Constitution. Then we will analyze the Paralyzed Public Services felony in the spotlight of the guarantied principles recognized in the Constitution for the purposes of verify its substantial validity and the possible conflicts with the constitutional Right of Resistance.

In a third chapter we are going to analyze the dynamics of the Resistance Right on a day by day basis in Criminal Institutions. Thereby, first we will do a series of interviews with a group of Criminal Judges and Prosecutors in Cuenca about their opinion facing this Right and its incidence in the Criminal domain.

Then analyze an actual case that pertains to and resulted in, the criminal prosecution directly due to a Paralyzed Public Services felony and finally present conclusions that satisfy the present investigation.