El Derecho Policivo: la Institución y su Lenguaje

Abstract

The Police Institution is a relatively new body within the country, it is even an institution that is related to the advent of modernity. His youth as an institution may be one of the reasons that hinder his definition outside the actions that he advances or historically has advanced. Hence, in this document an effort is made to delimit its birth and through an analysis of its own origin, an eminently conceptual definition is sought, which allows to understand what the police is and thus, what actions are specific to the Institution of Police and what not. Once this delimitation is achieved, a clear dividing line between Criminal Law and Police Law is sought, with three initial objectives: i) differentiate two forms of Law that have frequent interactions, but that are openly different; ii) construct conceptual bases that allow distinguishing the guarantee in criminal matters from the guarantee in matters of police law. Allowing the analysis of the guarantee that is made of the police code is not confused -especially by the complexity of the subject and the argumentation- with the analysis of the criminal guarantee. As a consequence of the two previous objectives, establish a general analysis of Police Law through the Guarantee, which yields a fundamental result for the study of Police Law, that is, a maximum of revision of its rules, which, allows to determine if the action used by the agent or the Institution is an adequate action with a guarantee vision, and why not, with the concept of Police. This exercise will allow betting on the type of police law that should prevail in a social and democratic state of law like ours.