Vulneración del principio de proporcionalidad en la aplicación de la prisión preventiva como medida cautelar en el proceso penal.

Abstract

The development of this research work is based on constitutional law and criminal law, having as its main objective the determination of possible violations of the constitutional principle of proportionality before the application of the preventive measure as a precautionary measure in the criminal field, for which the different doctrines that give theoretical support to the study categories are analyzed. The objective of the project is to determine the violation of the principle of proportionality in the application of preventive detention as a precautionary measure in Ecuadorian legal practice. The methodology used was based on the qualitative approach, in the case of a non-experimental exploratory research, in which the analytical-synthetic and legal-comparative method was used, using legal hermeneutics as an information analysis technique to obtain information. relevant results. In addition, the different sources of law such as legislation, doctrine and jurisprudence were taken as a basis to compile the information, which provided adequate support allowing the development of the necessary inferences and the elaboration of an intervention proposal that allows the exercise of the administration of justice, guaranteeing the application of the principle of proportionality through the incorporation of motivation parameters as an essential requirement, as well as the description of the suitability, the need before the constitutional principle and the need to dictate a preventive measure of deprivation of liberty.