El principio de proporcionalidad en la aplicación de la prisión preventiva en los delitos culposos.

Abstract

Preventive detention in Ecuador, established since the Code of Criminal Procedure of 1983, has been reformed by the 2008 Constitution, which defines it as a measure of last resort, applicable only when essential to ensure the defendant's appearance. This measure should be used solely in cases of serious crimes involving a risk of flight or recidivism. In cases of negligent or unintentional crimes, where negligence or imprudence predominates, preventive detention may be disproportionate, especially when the accused cannot prove their social ties due to economic limitations or lack of stable employment. The research aims to analyze whether preventive detention is necessary in these cases and advocates for its exclusion for negligent crimes, promoting the use of alternative measures. This would ensure that preventive detention is reserved for intentional crimes, thus respecting the principle of proportionality and individual rights.