El uso debido e indebido de la fuerza.

Abstract

This research work aims to identify the parameters that govern the use of police force, to delimit it and classify it as due or improper as appropriate. The use of force contains guidelines for its correct application, starting with verbal reprimand, then the use of non-lethal means and in the last case, the use of lethal means, but always trying to cause the least possible harm to the alleged offender. In this research work, a study of the concept of progressive use of force is carried out, from a general perception to what national and international law stipulates to establish the existence of standards that divide the use of force into legitimate and illegitimate. Within the development of this work, the transition of use due to improper use is also analyzed, how police agents act, and what mistakes are made so that their actions cease to be framed as legitimate and become illegitimate. On this basis, three relevant cases in Ecuador are subsequently analyzed. Finally, it is concluded that the lethal use of force is only justified in extreme cases and the greater the risk of harm on the part of the non-legitimate aggressor and his action, the greater the authorization to the police forces to increase the means going from simple reprimands to neutralization actions.