Protección de los Servidores Policiales frente al Uso Progresivo de la Fuerza en el Ejercicio de sus Funciones

Abstract

Abstract: This paper analyzes the legal, regulatory, and operational conditions that affect the actions of police officers in Ecuador, with the purpose of determining the extent to which they have sufficient guarantees when applying the progressive, rational, and differentiated use of force. The central objective is to evaluate the level of institutional and procedural protection available to police officers. This is done through a qualitative approach, based on documentary review, regulatory analysis, jurisprudential comparison, and case studies. The findings show the persistence of inconsistent prosecutorial and judicial interpretations, insufficient technical training in standards for the use of force, and weak harmonization between human rights parameters and current institutional procedures. It is concluded that an incorrect application of the technical principles related to the use of force reveals deficient judicial oversight, even if the legal basis appears sound. Therefore, it is urgently necessary to implement a mandatory system of legal and technical review before filing formal charges against these police officers.