El derecho constitucional a la presunción de inocencia y la adecuada aplicación de la prisión preventiva en el Ecuador.

Abstract

This investigation reflects as a problem in terms of constitutional rights and procedural guarantees to the affectation suffered by the principle of presumption of innocence of the processed person when by the justice operators the personal precautionary measure of the prison is applied in an unjustified and arbitrary manner. preventive measure against the application of other personal precautionary measures that best respond to the legal situation of the processed person without affecting this type of presumption as part of due process. Therefore, the objective of this research is to analyze how, through rulings and resolutions that emanate from the Constitutional Court and the National Court of Justice, there are standards and criteria that allow and contribute to a better application of preventive detention to avoid the violation of the presumption of innocence, in such a way that it is possible to identify when the application of preventive detention is appropriate and when the other precautionary measures at the personal level. Regarding the methodology, a qualitative study can be seen that is carried out through the foundations of the doctrine, the legal norms and jurisprudential novelties that are analyzed in relation to the problem of this investigation through the operational definition of variables. In terms of results, then, it is emphasized that preventive detention should be applied as an ultima ratio measure and with exceptional criteria, otherwise alternative personal precautionary measures should be preferentially applied.