El juzgamiento en un plazo razonable, caso de estudio, la aplicación de la medida cautelar de arresto domiciliario, sin temporalidad.

Abstract

This investigation focuses on the precautionary measure of house arrest imposed in a criminal proceeding. It is clear that when one speaks of precautionary measures, preventive detention is identified as the best known and the one that violates the fundamental rights of those affected by it; However, the house arrest measure does not set aside the restriction of freedom and rights related to it, as it becomes a measure of equal relevance to preventive detention, requiring a thorough analysis in conjunction with constitutional and supranational provisions regarding the term in which it must be fulfilled and the direct impact on the rights of the persons processed. Through a descriptive research, with a mixed approach, it is possible to obtain relevant information to support the hypothesis raised through the documentary analysis of doctrine, regulations and jurisprudence of national and international entities, as well as a study of cases where the measure was dictated preventive house arrest without an established term and an interview with five judges to find out their technical-legal criteria. Once the investigation is completed, it will be possible to demonstrate that the legal omission of temporary nature in the precautionary measure of house arrest would represent an attack on the provisions of article 77 of the Ecuadorian constitutional norm and a serious impact on the fundamental rights of the processed persons, being A legal reform to the Comprehensive Organic Criminal Code that expressly indicates a reasonable period of time for compliance with the measure is necessary