El monopolio de la fuerza pública en el estado constitucional de derechos y justicia

Abstract

Abstract:In this article i try to explain about the primary duty that the State has always had (among others) to maintain order in the society it governs, since this task has been essential for the different levels that make up the political and legal organization in mention, they can work correctly, so that social coexistence is possible, thus emerging the notion of the monopoly of force, that is, the legitimate need for the use of public force for compliance with the law and the consequent exercise of authority. The State has mainly depended on two instruments, the same that managed to identify Justiniano and Machiavelli at the time laws and weapons , that is, a legal system composed of precepts that are observed and followed by the community, and force, as a necessary tool for that purpose. However, due to the constitutional model of rights and justice that currently prevails in Ecuador, it may be somewhat contradictory to maintain that force or violence are necessary components for the maintenance of social peace.