La excesiva aplicación de la prisión preventiva en época de Covid 19.

Abstract

In this work it will be shown that the excessive application of pretrial detention maintains the main incidence with overcrowding in the country's prison systems, this chaotic situation that increased with the covid19 pandemic. Being the precautionary measure of preventive detention in its application of last ratio, it must meet the requirements established in the COIP. Our judicial system does not comply, but resorts to its application without establishing better criteria and in accordance with what is established in the constitutional norm. This paper analyzes the regulations established at the national and international level that give legal relevance to the health emergency, the prison system and the policies adopted by the Ecuadorian state are analyzed. We also analyze whether the risk of contagion that is run when applying preventive detention to an infected person is taken into account, since it endangers the life and health of the people who are inside the prisons, especially for the most vulnerable people to covid-19.