Analizar la correcta aplicación del artículo 534 de nuestro Código Orgánico Integral Penal como medida para disminuir el hacinamiento en las cárceles del Ecuador.

Abstract

This degree work focuses on positioning the context and analyzing one of the causes that has currently generated the serious prison crisis in our country, causing the disproportionate increase in the number of persons deprived of their liberty. This leads to the overcrowding of prisons, and derives from the abuse or incorrect application of article 534 of our Organic Integral Penal Code. As for the Flagrancy units, few are the cases that comply with the requirements of the law during the process of persons detained for the alleged commission of a flagrant crime. In most cases, these flagrancy units have become establishments that violate human rights under the pretext of making a quick and expeditious procedure. In addition, the negligent application by judicial authorities of the fundamental principles of pretrial detention contradicts the rule of law and justice. The deprivation of liberty in Ecuadorian prisons has been identified due to the intercede of governments in charge in judicial decisions. It affects their independence, and prompts the prosecutor without much effort to request preventive detention and the acceptance of it, without the legal basis and coherence. It is also important to mention the informative situation of the press, exposure, and media lynching in any area, which hastens to accelerate judicial decisions to achieve a specific objective.