THE ABUSE OF AUTHORITY OF THE POLICE POWER AND THE STRICT FULFILLMENT OF LEGAL DUTY

Abstract

In the present work, a study is developed about the conflicts between the abuse of authority of the police power and the strict fulfillment of the legal duty. This study is justified in the sense of demonstrating to the reader how much democracy itself and the guarantee of its effectiveness has part of its construction in the very performance of the professional at the service of the State, and thus allowing both society and the police themselves to perceive the importance of recognizing the existence of this conflict of paradigms and thus enabling the security professional himself to act more accurately in the guarantee the construction of citizenship and the common good. The methodology used for the elaboration of this study was the bibliographic research with the nature of a subject summary, which sought to structure the scientific knowledge of other authors regarding the proposed theme, with searches via the Internet, books and articles specialized in the subject. It is concluded that police activity is subject to the limits of the law, and its agents who unnecessarily exceed the established limits are subject to criminal and disciplinary proceedings. The abusive act practiced by the police forces brings as a consequence the obligation of the State to indemnify the private party for the damage suffered.