La prisión preventiva y su aplicación como medida cautelar personal en el Ecuador.

Abstract

This study focuses on precautionary measures of a personal nature in Ecuador where there would be an increase in the prison population at an alarming rate, the impulse of said problem mainly exists due to the excessive use in excess of the precautionary measure of preventive detention and the obstacles that arise in the application of alternative measures, the application of which must be based on the principles of the exception and the rule. At the Latin American level, they are known as personal precautionary measures of an alternative nature and it is optional for the judicial officer to issue them or not. The objective is to base the theoretical and legal postulates of Human Rights that this personal precautionary measure involves in Ecuador, and to determine if it is denatured by applying it as a subsidiary; administering it in discord with fundamental rights and with the principle of legal security.