La seguridad jurídica y el uso de la fuerza por parte del personal policial.

Abstract

The present investigation shows as a constitutional legal problem how within the Ecuadorian legal system the bases, conditions and parameters of the progressive use of force by police officers would not be sufficiently established. In such a case, the problem is corroborated by the fact that the justice operators in certain processes would not have the proper interpretation and analysis of the budgets of the constitutional mission and the fulfillment of the legal duty of the police officers and their relationship with the use of force, which would condition the principle of legal certainty applied to the work of the police force. For this reason, the objective of this research is to understand the fundamentals of the progressive use of force and what type of conditions and elements must be taken into account by justice operators when a criminal case against a server is followed. of the police institution for the crime of excess in the execution of an act of service. Indeed, given the circumstances of this study and the problem that characterizes it, a qualitative and descriptive study is carried out through which doctrinal and normative foundations and case studies are used that demonstrate the true dimensions and reality of the problem. Regarding the results, this investigative process shows that justice operators require a greater notion about the technical and normative elements of the use of force through the principle of legal certainty.