La prisión preventiva y la vulneración de los derechos humanos.

Abstract

As every criminal process is regulated by laws and ordinances that attribute to protect the guarantees of due process aimed at ensuring a fair and equitable result from the beginning until the end of the process. Now this work is based on the last of the modalities or precautionary measures which is known worldwide as Preventive Prison and Human Rights which are affected and violated since they are little considered at the time of ruling such measure. The following research work with a descriptive and scientific legal character; Analyze from its broad context; the approach of preventive detention that has deserved attention in principle allusive to human rights, due to its high implications as a resource to restrict the freedom of a person and leave him (it) exposed to a criminal procedure. These two instruments (International Standards & Jurisprudence) are essential legal instruments in the judicial function and respect for human dignity as the central basis of intervention on the human being; But in addition, they are an international imposition to all the States subscribed in their development and respective application, not only for the supra-constitutional nature, but also for representing a greater guarantee protection to human rights.