Detención constitucional que deviene en ilegal y/o arbitraria en el Ecuador.

Abstract

Preventive Prison, it´s a method that from an exceptional way, acts as to take away freedom to a person. This way of imprisonment was adopted in the legislation form constitutional laws. Our country Ecuador, established in this legislation often the constitution from 1998. The Ecuadorian constitutional court, the interpret of the “Carta Magna”, established that in this method it should not be equivalent to an advanced sentence. The characteristic of exceptionality demands a right to a minimum sentence demand maximize freedom and minimized the use of power punitive. And this form operates only when its necessary this act. We have to emphasized that have away freedom from a person has to be under norms valid to be state. But the nonobservance or breach of this currents norms from the operations deprive of freedom accrue to illegal. The arbitrary it would be founded in the lack of application from the expiration when it acts in preventive imprisonment. This would be cause of violation from this process and often all freedom.