Comparative Evaluation of the Progressive Use of Force During States of Exception in Latin America: A Case Study in Ecuador
摘要
This research analyzes the control of the constitutionality of the progressive use of force by the Armed Forces in Ecuador during states of exception, as established by Ruling No. 33-20-IN/21/. Starting with the definition of a state of exception and the progressive use of force, the limitations established for its declaration by the leading international legal instruments related to the subject are analyzed, as well as the legal regulations in force in countries in the region such as the Republic of Chile, Peru, and Mexico are discussed. Each country establishes comprehensive frameworks to regulate the use of force during states of exception, prioritizing legal principles and international standards, but with varying approaches and criticisms. After examining the constitutional limitations established by Constitutional Court Ruling No. 33-20 IN/21, the need for a law regulating the progressive use of force by the Armed Forces in Ecuador is concluded, and its main guidelines are set out.