Debida aplicación de las medidas cautelares personales en sujeción al debido proceso.

Abstract

The following work was entitled Due Application of Personal Precautionary Measures in Subjection to Due Process, which aimed to analyze the personal precautionary measure of preventive detention with the purpose of a review of its correct application in the criminal proceedings of Ecuador, subject to due process. For this, documentary, legal exegetical and comparative research methods were used in order to present the current state of preventive detention in Ecuador. Regarding the present investigation, it was concluded that preventive detention, although adequately stipulated in the COIP, is not properly applied, so it was suggested that there be greater control in these cases and that a principle of proportionality be considered at the time. to measure the effects that this measure would have on citizens to preserve their constitutional guarantees of the accused.