El arraigo social como instrumento para el respeto de la libertad.

Abstract

The present research work proposes an exploration around the nature and use of social roots, focusing on the Ecuadorian criminal procedure and how this is an instrument for the respect of freedom, in relation to Flagrant crimes that are known by the justice operators in the Units Courts of the city of Guayaquil - Cuartel Modelo, in order to determine the obligation that weighs on the Prosecutor's Office when requesting a precautionary measure of a personal nature and that has become an abuse by waiting for the defense to be the one to justify with documentation the requirement of a precautionary measure different from preventive detention, examining the problem that exists around what is considered as documentation of social roots both in our country and in comparative law, through the deductive and descriptive methodology together with the design and the investigation techniques, the information obtained in cases of said Judicial Units in Flagrancy - Cuartel Modelo, in relation to the subject of study, will be validated.