Un análisis del uso de la fuerza según la Corte Interamericana desde la realidad ecuatoriana.

Abstract

The title of Degree Project is "An analysis of the use of violence according to Inter-American Court of Human Rights from Ecuadorian reality." The work aims to address the problem of whether the criteria of Inter-American Court have been developed and implemented in the Ecuadorian legal regulations on the use of force. In this sense, it examines the explicit recommendations of the IACHR on the use of force, which must comply with the principles of legality, proportionality and necessity. In addition, the judgment of May 5, 2021, which deals with the declaration of unconstitutionality of the regulation on the progressive, rational and differentiated use of force by members of the Armed Forces, will be examined. As a conclusion, it is found that while the provisions of the IACHR on the use of force are partially respected in Ecuador, it is imperative to have a regulatory framework to truly delineate how, when and to what extent the law provides for the use of force by members of the military and police, otherwise it will not only fall into a legal vacuum, but also increase legal incertainty for citizens. With this objective in mind, the thesis is divided into two chapters. The first chapter deals with the use of force according to the Inter-American Court of Human Rights, the second chapter with the use of force in Ecuador according to constitutional jurisprudence.