EFECTOS JURÍDICOS DEL PORTE Y USO DE ARMAS DE LA POBLACIÓN CIVIL ECUATORIANA FRENTE A LA PROPORCIONALIDAD DE LA LEGÍTIMA DEFENSA, 2023

Abstract

The purpose of this research is to determine the legal effects of Decree 707 on the accessibility of arms carrying licenses for the civilian population of Ecuador with respect to legitimate self-defense, using a mixed methodology based on a qualitative approach through normative analysis, The methodology used is a mixed one, since the qualitative approach was applied through a normative, theoretical and contextual-sociological analysis, as well as the quantitative approach through surveys directed to the civilian population, as for the findings in the systematization of the foundations of the pro and anti-carrying currents of thought, it was determined that there is not enough support to obtain effective results by arming the population, The recommendation or alternative solution is to establish new security policies under the principles of criminal procedure that are not related to arms possession, based on international sociological, legal, and experimental 3 studies, which revealed that the results obtained from the decree diminish the principles of criminal procedure in the face of the predominant force of society, From the Ecuadorian normative aspect, it was obtained that the legal effects of the decree give way to the creation and reform of several legal bodies for the strengthening of security institutions, in addition to the formulation of the problem that if there is an erroneous legal understanding and not proportional in the civilian population of the carrying of weapons due to their procedural ignorance and lack of knowledge of the law, it is possible to verify the existence of an erroneous and not proportional understanding in the civilian population of the carrying of weapons due to their procedural ignorance and lack of knowledge of the law.