Análisis del uso de la fuerza en la legislación ecuatoriana, sus causas y efectos judiciales.

Abstract

The use of the police force is immersed in a paradoxical situation, where the violator of the law knows the limitation that the police servant has at the time of doing so, taking advantage of it, creating a great disadvantage to the police servant who needs to make use of the legitimate force, in defense of Human Rights to safeguard the victim and his life and even respect for the right to life of the violator of the law. This research aims, through its general objective, to analyze the Ecuadorian Legislation in the use of force, as a mechanism for safeguarding and citizen security, regarding its causes and judicial effects. It is a study of qualitative approach, documentary design, descriptive type, which aims to give a broader perspective on the use of force, through a documentary review that exposes the reality of this issue regarding legislation. It is concluded that there is a vacuum and ambiguity between the way in which a police officer or servant feels obliged to act in the face of a criminal act, the conciliatory formalities set forth in the legislation and the severity with which some events are judged. A thorough psychological and anti-terrorism training is recommended for police servants, so that they can use conciliatory powers to apply them to the degree of violence that current criminals handle, as well as fair treatment in the severity of prosecution of police servants at the time of use force improperly or outside the margins established by law and regulation.