Las medidas alternativas a la prisión preventiva y la tutela de los derechos de presunción de inocencia y libertad, análisis de la sentencia No. 8-20-Cn/21, emitida por la Corte Constitucional del Ecuador.

Abstract

The present work is aimed at carefully analyzing the violation of constitutional rights, such as the right to the presumption of innocence and the right to freedom, which had been violated by the justice operators of the Republic of Ecuador before the sentence. No. 8-20-CN/21, issued by the Constitutional Court of Ecuador, on August 18, 2021; Likewise, to study why the previously invoked constitutional rights were violated, to know why the justice operators could not give alternative measures to preventive detention and were forced to give as a precautionary measure to a person who was charged, either in flagrante or not. Likewise, it is important to indicate that the present work is oriented to find out if before Judgment No. 8- 20-CN/21, there was abuse of the precautionary measure of preventive detention, by the justice operators, as well as to know If, with the entry into force of this sentence, a review of preventive detention measures could be requested from a person worth the redundancy who has previously been given the precautionary measure of preventive detention. That is why the proposed goal is the meticulous analysis of the aforementioned sentence to know in detail each of its particularities, benefits and existing legal gaps. For the development of this work, the scientific method was used, which allowed an analysis to be carried out systematically and to obtain the aspirated results, for which the researcher has selected as a technique the documentary analysis of sentence No. 8-20-CN/21, issued by the Constitutional Court of Ecuador, on August 18, 2021, using the observation guide instrument.