“…The matter not only has a theoretical-state dimension but a measure of greater depth whose clarification is necessary to be able to define the problem of the guarantee that arises from a “functional” duty that can be provided for in the law or can be deduced from it.
Subtracting the
public servant from duty, translates into damage to a person or group of people and that same detriment, in certain circumstances, would lead to a possible improper omission behaviour with the punishment it deserves. …”
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