Derecho a la libertad en detenciones con fines investigativos/formulación de cargos.

Abstract

Arrest for investigative purposes is a precautionary measure that allows the prosecution to deprive a person of his liberty for a specified period of time, in order to collect charge and disclaimer elements within the previous investigation. In this investigative work we analyze the legal figure of detention and its material application in the legal field; this is how we explain whether or not the violation of rights exists where there is a misapplication of this precautionary measure. This need arises from the lack of coherence between being and duty to be of the norm with reality, detention for investigative purposes and the plurality of opinions on how this legal figure should be applied, both from prosecutors and judges. In the present, we are going to use a deductive method along with the descriptive method and doctrinal legal; as well as, we take a look at legal practice through mechanisms such as interviewing, which will give us way to different points of view that we will put to discussion for a correct analysis of the results obtained, and develop the proposal that should be implemented to avoid infringement of the rights of freedom and due process.