Abstract

MACHADO MALIZA, Mesías Elías; GUARCO VILLA, Lizbeth Mishell  and  ANAIS MARBELLA, Falconí Pazmiño. Exclusion of unlawfulness and its erroneous application due to media pressure. Universidad y Sociedad [online]. 2022, vol.14, n.6, pp. 735-742.  Epub Dec 30, 2022. ISSN 2218-3620.

At present, media pressure tends to harm those who are immersed in legal proceedings. Therefore, the present investigative work on the erroneous application of the progressive use of force is one of the causes of exclusion of illegality in the Olmedo case. Its objective is to legally and doctrinally analyze the power that the police member has when acting in the line of duty, in a risk situation and to protect the most precious legal asset: life. A mixed methodology was used that combines qualitative and quantitative methods, with information of scientific interest, through the analysis of different scientific articles and sentences issued by the Constitutional Court regarding the subject. The bibliographic review allowed to determine inconsistencies and lack of legal support of those who administer justice, due to the non-observance of basic principles and parameters established in the progressive use of force. Likewise, the manner of action of the police member when acting in compliance with the legitimate and express order of the competent authority or a duly verified legal duty.

Keywords : Media; justice; media pressure, misapplication.

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