PROTESTA SOCIAL: DERECHO O AMENAZA PARA EL ESTADO. ESTUDIO DE CASO DE OCTUBRE DE 2019

Abstract

This work analyzed the standards of the Inter-American Commission on Human Rights applied to social protest, as well as the decrees containing states of emergency issued by the current rulers to address this right, finding a legal problem: that these decrees do not constitute the appropriate mechanism to confront social protest. It was used the case study method of the "2019 protest", in which it was observed that it was restricted the right to protest not only by these decrees but also by the rulings of the Constitutional Court that declared the constitutionality of these decrees. It is important to mention that the exercise of the right to social protest is concomitantly accompanied by other rights, such as the right to freedom of expression, the right to association, the right to free movement and mobility. In other words, it is unthinkable to exercise the right to social protest if these other aforementioned rights are not guaranteed. In conclusion, in the country, both judges (judicial and constitutional), prosecutors and authorities of the executive branch consider this right as a legal right rather than a fundamental right. These actions are protected under the umbrella of the state of emergency, which seeks to face a threat rather than ensure and protect social protest, contradicting the standards of the Commission, which has developed the right to protest as fundamental right.