La prisión preventiva en el proceso penal ecuatoriano: ¿garantía o medida abusiva?.

Abstract

This research analyzes the application of preventive detention in the Ecuadorian criminal process, with the aim of determining whether this precautionary measure fulfills a legitimate function as a procedural safeguard or whether it has become an abusive mechanism that violates fundamental rights. Through a study of national legal frameworks, international human rights standards, and relevant jurisprudence, it is evident that although the law establishes its exceptional nature, in practice preventive detention is frequently applied with insufficient justification. This excessive use has generated tensions with principles such as the presumption of innocence and personal liberty, while also contributing to overcrowding and the current prison crisis in the country. A comparative analysis with Colombia, Peru, and Chile highlights the importance of periodic review, reinforced reasoning, and the strengthening of alternative measures. In conclusion, the main challenge in Ecuador does not lie solely in legal regulation but rather in judicial culture and institutional limitations. Addressing this issue requires practical reforms and institutional commitment to ensure that preventive detention retains its truly exceptional character.