Terminological and Constitutional Elements for a Concept of the Right to Resistance

Abstract

A widely discussed topic in the context of political thought, resistance has consolidated its impact over time until it reached the Constitutional State. Resistance is present in some of the Constitutional Charters currently in force, such as the Constitution of the Portuguese Republic. Since its constitutional origin in Portuguese territory, in the Constitution of 1838, the content related to resistance has been subject to changes in the constitutional texts. This research has also observed that the definition of resistance has been subject to changes verified from the advancement of time. From this perspective, the aim is to consolidate a concept for resistance by analysing its evolution in the scope of dictionaries of the Portuguese language. Likewise, the aim is to structure a concept of the right of resistance, considering the examination of the constitutional provisions that insert it in the Portuguese legal system, with a temporal circumscription between 1838 and the present day.