Valoración de las medidas cautelares alternativas y prisión preventiva, como vulneración a la libertad personal.

Abstract

Background: The present investigation corresponds to the branch of Procedural Law, is oriented in the study of the excessive use of Preventive prison, and the non-valuation of the measures of an alternative nature in criminal proceedings according to what is established by COIP. The objective of this investigation is to base the theoretical budgets and legal bases of the right to personal liberty and precautionary measures, with respect to the duration of preventive detention, which should be parallel to the duration of the Fiscal Instruction. Within the methodology used applied in the research, theoretical methods, doctrinal, analytical and synthetic legal, as well as empirical methods were used. The result obtained in the investigation demonstrates the need for a legislative reform that adds an additional requirement to Article 534 of the COIP, which includes that in addition to the requirements contained therein, when requested by the State Attorney General's Office, indicate the duration of preventive detention. In conclusion, it is specified that, the Prosecutor's Office and the administrators of justice excessively apply preventive detention, not taking into account the alternative measures transgressing the right of outpatient Personal Freedom. As a practical contribution, a legislative innovation is proposed to establish the basis for a reform of art. 534 of the COIP as long as the length of time of the preventive detention is indicated, and of the consideration of its prolongation.