Responsabilidad penal por uso excesivo de la fuerza en Ecuador: estudios de casos y propuesta de garantías de no repetición, periodo 2024-2025

Abstract

During the research, the national and international legal framework governing the use of force by state agents was examined, with an emphasis on the principles of legality, necessity, and proportionality. Common patterns, structural causes, and legal consequences were identified through the analysis of documented cases of the excessive use of force in Ecuador. Legal and institutional guidelines aimed at preventing the excessive use of force by police and military personnel were proposed from a human rights perspective. In addition, an analysis of signifi-cant cases was conducted, reviewing the relevant constitutional, legal, and international con-text to suggest measures to prevent their recurrence. The methodology adopted was based on a qualitative approach, using a non-experimental design and legal, descriptive, and analytical methods, including the review of legislation, legal doctrine, judicial decisions, and reports issued by national and international institutions, as well as the analysis of relevant cases in-volving the abuse of force by state agents. As a result of this analysis of these cases, gaps in the legal framework and ambiguities in distinguishing between the legitimate and excessive use of force were identified. Furthermore, challenges stemming from the tendency of certain sector of society to justify such degrading and humiliating treatment. Structural problems were also identified, including delays in judicial proceedings, deficiencies in evidence collec-tion, and a lack of coordination among institutions.