La falta de motivación y la afectación de la prisión preventiva.

Abstract

Pretrial detention is one of the precautionary measures of a personal nature that in the Ecuadorian system is within the comprehensive organic penal code, in this thesis we will see the conflict of this lack of motivation and the lack of necessary requirements for the applicability of this preventive detention already that it must be of an exceptional order since all the individuals who are in Ecuadorian territory are different from each other, it is here when an arbitrary act occurs with the result of depriving a person of their freedom disproportionately with respect to what is imposed an unjust penalty for a crime whose responsibility has not yet been proven, this would be an anticipation of the penalty that is flatly opposed to the Constitutional order and also to the Charter of Human Rights, for which the Ecuadorian State is called to exercise the minimum of criminal intervention since the person who is applied to preventive detention is affected In addition, we will see the effectiveness of this personal precautionary measure to ensure the appearance of the persons prosecuted in a criminal case, once this investigative process is concluded, objective conclusions can be established in order to clarify all the points covered in this thesis also allow me to give recommendations for a solution to the problem determined in this thesis.