Abstract

CHACIN FUENMAYOR, Ronald de Jesús. Some Thoretical Aspects of Civil Disobedience: An Analysis of its Consecration in the Constitution. Frónesis [online]. 2003, vol.10, n.2, pp.49-72. ISSN 1315-6268.

An analysis is made of the definition and principal aspects related to civil disobedience as one of the institutions that rebels against the principal of political and judicial obligation of citizens to abide by the law. Various aspects are clarified in its conceptualization, application, justification and definition among other aspects. To reach this objective, the principal motive behind this paper, it is necessary to explain the confusion that exists in Venezuelan political discourse in reference to this theme, which implies an analysis of its provisions in the Venezuelan Constitution, in order to determine the application of Article 350 according to the theoretical elements pointed out. The conclusion is, after an interpretive, systematic, political, pragmatic, teleological, rational analysis of the constitution, that Article 350 does not guarantee the right to civil disobedience in Venezuela, but only the right to resist tyranny when it occurs, contrary to Article 333, that is when reforms or consrtitutional changes occur according to constitutional procedures but the results violate democratic principles and human rights.

Keywords : Civil disobedience; constitution; democracy; judicial and political order.