Examinando por Autor "Vega Luna, María de los Angeles"
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- ÍtemAcceso AbiertoAnálisis jurídico sobre los límites del uso progresivo de la fuerza que ejecuta un servidor de la policía nacional cuando existe resistencia por parte del agresor(Universidad Católica de Cuenca., 2022) Alvarado Peñaloza, Juan Diego; Vega Luna, María de los Angeles; González Guitiérrez, Milton Alejandro; 0105525158; 1105864514; Ordoñez Carpio, Fernando EstébanThe purpose of this investigation is the doctrinal, conceptual and legal analysis of the actions of the agents of the National Police, in the face of the resistance of the alleged aggressor, since the interpretation of the guidelines on the progressive use of force is interposed, that a National Police server can execute, as has been evidenced in recent years, this problem could violate the rights and duties of those who have been entrusted with citizen security. Proof of this is that, within the legal framework, the legitimate use of force is empowered to protect rights or assets, in this way citizen security and public order are safeguarded, however, sanctions are also carried out for performance of police officers, since, when complying with their state duty, an alleged excess of the exercise of functions arises. Ergo, in the first place, the legal regulations of the different conceptions in Ecuadorian legislation are identified, regarding the progressive use of force, where the State plays an important role of responsibility in promoting and providing protection to citizens, under the timely performance of their law enforcement officials. In addition, secondly, a reconnaissance study is carried out on the powers and responsibilities that police officers must execute, complying with pre-established procedures and exhausting resources within a situation of imminent risk. Third, the violation of rights to police officers will be determined, by the interpretation of criminal law in the study of emblematic cases raised in Ecuador, identifying considerable situations that motivate the study of this investigation.