Prisión preventiva extralimitación de las medidas cautelares en el derecho a la libertad individual.

Abstract

The present academic study was carried out by virtue of the multiple procedural violations at the time of issuing the precautionary measure of Preventive Prison, and due to the restrictive effects that this causes in the right to individual and personal freedom of citizens. General Objective: Analyze preventive detention as an overreach of precautionary measures in the right to individual liberty. Methodology: Research of a legal-descriptive status, evaluative and quantitative non-experimental nature that allows establishing the degree of affectation in the right to personal liberty at the time of imposition of the precautionary measure of preventive detention. Results: Once the investigative process is concluded, establish objective conclusions, as well as recommendations that allow the elaboration of a proposed solution to the determined problem. From the determination of the denatured implementation of the Preventive Prison in crimes with little effect on the legal good protected by criminal law.