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¿Podría el Estado llegar a torturar en casos excepcionales? ¿Un oficial de la policía podría, por ejemplo, ordenar la tortura de algún sospechoso para evitar un acto que ponga en peligro la vida de personas inocentes? Claus Roxin plantea situaciones límite y argumenta que el Estado carece de legitimidad para ordenar la tortura, porque su superioridad moral, frente al delincuente, reside en que no utiliza los mismos medios que este. El Estado está obligado a proteger la vida y la dignidad humana, afirma el célebre jurista. Su actuar está determinado por los límites establecidos por el Estado de derecho, de los cuales nos habla el autor en este texto.

¿Podría llegar a justificarse la tortura?

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¿Podría llegar a justificarse la tortura?

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