El uso progresivo de la fuerza en la experiencia ecuatoriana.

Abstract

This thesis aims to show the result of an investigation on the application of the progressive use of force in Ecuador, based on the review of some cases, as well as to determine what are the parameters that in practice govern the use of force. The Constitution of the Republic of Ecuador, of 2008, establishes the Use of Force as a legitimate possibility in favor of the State, without this being a constitutional novelty. In its text it states that the police must use means of conciliation and deterrence as alternatives to the use of lethal force, so that police officers have a legal basis to make use of their firearms given in endowment by the State, even more so when there is already a law that regulates the progressive use of force. Analyzed the emblematic case of Santiago Olmedo, Ecuadorian police who killed with his endowment weapon a citizen who had just committed a crime, abuse of force was incurred and the crime of overreach in an act of service was committed. The levels of the appropriate use of force were not applied in correlation with the level of resistance of the intervened.