"La Detención ilegal en materia penal y propuesta reforma a la media cautelar de carácter personal en el código de procedimiento penal"

This thesis is intended to demonstrate that the precautionary measure of detention for research purposes does not fulfill its role, this is to be a precautionary measure intended to investigate, or if on the contrary, there are excesses in its application becoming an imminent pre-sentence , coming to determine, therefore, that the detention should not constitute the general rule as expressly determined since it would be an arbitrary and unjust and transgressive act against Human Rights and Constitutional Principles to deprive the libertarian to a person whose responsibility even it has not been determined by condemnatory sentence, this would be an anticipation of the sentence totally contrary to the elementary principles of the Constitutional State and Human Rights. For the best understanding of this thesis I have developed it in the following way: I have first addressed the study on Due Process in which the guarantees and fundamental rights provided for in the Constitution, in the laws that govern the country's legal system, and in the pacts, treaties and agreements that have been ratified are respected. As a result, they are part of the internal regulations of the country and are mandatory and unquestionable. Then I analyzed the Right to Individual Freedom, as an inseparable element of the human personality, this being a natural and imprescriptible right of the man who assists him at all times from his birth the right to be free. Subsequently I studied the Presumption of Innocence considered as a Human Right, fundamental object of protection Constitutional, so that the observance of this principle in the criminal procedural field, translates into one of the Constitutional Guarantees of Due Process. After the analyzes I have interpretations of the scope of the Principle of Innocence and the Right to Freedom, I proceeded to confront the supremacy of the Right to Freedom and the Principle of Innocence against Detention for the Purpose of Investigation as an act by which it occurs a limitation and flagrant violation of the Right to Individual Freedom and the Principle of Innocence of a person under a suspicion to be investigated, without a procedure designed to clarify the effectiveness or falsity of the suspicion by which an individual is called to be investigated.

• Үндсэн зохиолч: Mena Córdova, José Álvaro (author)
• Формат: bachelorThesis
• Хэл сонгох: spa
• Хэвлэсэн: 2010
• Нөхцлүүд: Detencion Ilegal; Procedimiento Penal
• Онлайн хандалт: http://repositorio.uteq.edu.ec/handle/43000/2603