Analysis of Ruling No. 06282-2021-01091: judicial activism as a limit to the use of police force in Ecuador

Abstract

ABSTRACT

This article analyzes the regulation of police use of force in Ecuador, focusing on the judgment N. 06282-2021-01091 and the role of judicial activism as a limit to the State's coercive power. The issue lies in the tension between ensuring public security and protecting human rights within a context marked by regulatory gaps and deficiencies in police training. The objective is to examine how judicial activism delimits the use of force, balancing these fundamental values. The methodology adopted is qualitative, based on a documentary analysis of national and international regulations, relevant doctrine, and jurisprudence. The study considers the Regulation for the Legal, Adequate, and Proportional Use of Force, the Organic Code of General Processes, and international standards such as the UN Basic Principles on the Use of Force. The study concludes that judicial activism is essential to ensure police actions comply with the principles of proportionality and necessity. The analyzed judgment reaffirms the role of justice as a guarantor of fundamental rights while highlighting challenges such as inadequate training and unclear regulations. This approach strengthens state legitimacy and promotes a framework of public security that respects human rights.