Análisis jurídico y doctrinario de la prisión preventiva y sus consecuencias jurídico penales en la crisis penitenciaria en el Ecuador

The Curricular Integration Work entitled "LEGAL AND DOCTRINAL ANALYSIS OF PREVENTIVE DETENTION AND ITS LEGAL-PENAL CONSEQUENCES IN THE PRISON CRISIS IN ECUADOR" addresses preventive detention in Ecuador as an exceptional and ultima ratio precautionary law in accordance with constitutional, international norms, and the Organic Penal Code. However, due to the high rate of issuance of pretrial detention warrants, it leads us to believe that the reality differs from what legal norms establish. There is clear evidence of the misuse of the precautionary law of preventive detention, which violates constitutional rights such as liberty, due process, and the integrity of an alleged offender. This fact contributes increasing the level of the prison crisis in Ecuador, as the direct consequence is seen in the country's detention centers where 12,648 individuals are under preventive detention, a significant number that prompts reflection on the most drastic precautionary measure within our legal framework. Despite of some pronouncements of the Inter-American Court of Human Rights and Ecuador's own Constitutional Court regarding the guidelines and criteria for the application of preventive detention, with the necessary justification and reasoning judgement, as well as a demonstration from the prosecutor that alternative precautionary laws are not enough to ensure the individual's appearance at the trial hearing, there still arbitrariness and illegality in granting preventive detention, even when the law itself stipulates that, even if there is sufficient evidence, other precautionary laws should be prioritized before preventive detention. The intention is not to advocate for impunity, but rather for well-founded trials that genuinely establish the risk of flight and where the criminal process is so robust that it will reach a trial hearing. Otherwise, the other five existing precautionary measures that serve the same procedural purpose should be applied.

• Huvudupphovsman: Pinta Villano, Junior Roberto (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2023
• Ämnen: DERECHO; PRISION PREVENTIVA; ECUADOR; CRISIS PENITENCIARIA
• Länkar: https://dspace.unl.edu.ec/jspui/handle/123456789/27783