Abstract

MAIGUEL DONADO, Camilo Andrés; MEJIA TURIZO, Jorge  and  BARRIOS MARQUEZ, Elías Jacob. Right to resistance and constitutionalism: notes from Gargarella. Justicia [online]. 2020, vol.25, n.38, pp.143-162.  Epub Oct 06, 2020. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.4399.

The present article tries to sketch a historiological, iusfilosófico and sociological analysis of how societies throughout history have been related to the popular struggle as a means of action against the cosmology that occurs. It begins from the point of constitutionalism as an analysis from England, where it is found that the popular struggle accompanied this moment in history, it lands on Gargarella’s thinking about the right to resistance and finally a reflection is made about social realities contemporary. The methodological design was prosecuted by the hermeneutical and historical-critical paradigm, with a deductive method and qualitative approach, supported by the documentary analysis technique, especially from specific and general bibliographic sources on the right to resistance and judgments of the Constitutional Court . As a result, it is obtained that the popular struggle has always been and will be present in history to redefine and guarantee rights.

Keywords : civil disobedience; emancipatory societies; rights; resistance.

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