La prisión preventiva : medida cautelar de última ratio dentro del proceso penal ecuatoriano.

Abstract

The present investigation arises because in recent times there has been an immeasurable increase in the use of this type of precautionary measure figure. Additionally, in the last decade various prison crises have been presented due to the high prison overcrowding in detention centers, as well as the lack of resources for an efficient administration of these places, as we remember that each person deprived of liberty is part of the expenditure that the Ecuadorian state must incur for its maintenance, being the general objective of this work, to determine if the abuse of the preventive prison was a cause of this existing saturation, both in the social rehabilitation centers, as well as in the provisional detention centers , verifying through legal analysis and studies, highlighting the one carried out by the Ombudsman's Office, that there is no adequate care in motivation when the judges accept this measure. Likewise, with the improper application of preventive detention, the affectation of the fundamental principles and rights recognized in our Constitution is verified. The methodology used was deductive, analyzing the syntheses that make up this work, in a qualitative way, and an exploratory, explanatory scope. and descriptive. Among the results, it was obtained that, imperatively, Ecuador's criminal legislation must contain clear concepts that precisely determine the conditions and requirements for the judges to accept the application of this measure, which, according to the Magna Carta, its characteristic is of the last ratio.