La correcta aplicabilidad de las medidas de protección, en delitos de violencia intrafamiliar, con sujeción al estado de inocencia.

Abstract

The general objective of this investigation was to determine the protection measures against the violation of the right to the presumption of innocence in crimes of domestic violence. As specific objectives, in the first place, the legal and doctrinal conceptions on the right to the presumption of innocence in crimes of intrafamily violence were analyzed, protection measures were also studied in the right to the presumption of innocence in crimes of intrafamily violence and It was determined how the right to the presumption of innocence is established in crimes of domestic violence in the context of comparative law. The methodology was developed from a documentary research, which focused on the positivist interpretive paradigm with a descriptive, exploratory and explanatory level. For this, synthetic analysis methods, legal doctrine, hypothetical inferences were used, which allowed the elaboration of analyzes and conclusions on the approach to the subject. It was concluded The judge to order any protection measure within a process of intrafamily violence, must evaluate very well the conditions of the specific case in order to verify in which cases a measure is appropriate and when it is not. Finally, it was recommended to all judicial, police, investigative or administrative authorities to carry out an investigation of any citizen that they must guarantee the principle of presumption of innocence in each of the phases of the process.