The exclusion of anti-legality in the progressive use of force by the Police and the Armed Forces in Ecuador

Abstract

The excessive use of force by Police Officers and Armed Forces in Ecuador responds to a constant evolution of the law, as by excluding unlawfulness, it attempts to free authorities from culpability so they can proceed in the interest of security both on the country's streets and in detention centers. Whether excessive use of force is established or not is determined by analyzing the elements of the criminal offense, namely action, typicality, unlawfulness, and culpability, to establish a criminal sanction. Therefore, the Ecuadorian State must guarantee adequate training for the officials responsible for ensuring the internal and external security of society. The objective of this article is to critically examine the legitimate use of force by police officers in Ecuador during the period 2018-2022. This is achieved through a qualitative research approach, employing methods such as bibliographic review, historical-logical analysis, exegetical and inductive methods. To this end, national and international regulations that adequately regulate the legitimate use of force by the Ecuadorian State have also been reviewed.