Principio de necesidad y de proporcionalidad en la aplicación del uso progresivo de la fuerza por parte de los servidores policiales.
In our country, we are experiencing a wave of crime that affects the citizens, highlighting that we are in a security crisis that directly damages the state system. Thus, it is necessary for the State, especially those responsible for safeguarding and protecting the security and controlling the publ...
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| Format: | bachelorThesis |
| Publié: |
2025
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| Accès en ligne: | https://dspace.ueb.edu.ec/handle/123456789/8731 |
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Ajouter un tag | Résumé: | In our country, we are experiencing a wave of crime that affects the citizens, highlighting that we are in a security crisis that directly damages the state system. Thus, it is necessary for the State, especially those responsible for safeguarding and protecting the security and controlling the public order of Ecuadorians through the P.N., to fight against different criminal organizations and common crime, as well as against mobilizations against the state. However, to combat crime or control situations in prisons or during protests, the care of rights must be carried out with national and international standards by those who maintain order in Ecuador, which are framed in the C.R.E. and in the formal principles that establish the use of progressive force.The necessity and proportionality, in addition to legality, are the principles used in the application of force. They are regulated in the L.O.R.U.L.F. as a way to justify and exclude the criminal responsibility of those who use it, which must be justified by various aspects, leading to the strengthening of a particular establishment of criminal law, using the Constitution and customary practices, aimed at protecting personal legal assets or those of third parties who are under imminent threat.In our country, there is a distorted observation of how the principles of proportionality and necessity are applied in the progressive use of force, which leads to dissatisfaction and unrest among citizens. On one hand, there are the police officers, with a low level of knowledge about the topic of the use of force, and they have made several mistakes in procedures, violating the rights of antisocial individuals and turning them into victims. On the other hand, society is affected because the level of insecurity in the country is rising every day, forcing a repression against the government.In this way, it is essential to conduct an in-depth investigation on the topic, with the aim that police officers can appropriately employ the principles of necessity and proportionality in the progressive use of force, to prevent greater harm, always under the protection of international rights, and respecting the physical integrity and life of the victims. KEY WORDS: Principles of the use of force, Necessity, Proportionality, progressive use of force, police officers, |
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