La vulneración de derechos del procesado en el marco del abuso de la aplicabilidad de las medidas cautelares. Caso de estudio prisión preventiva.

Abstract

The development of this investigation identifies as a problem how the abusive application of pretrial detention affects the fundamental rights of the person prosecuted, more than anything for the sake of due process. In the same way, the objective set out in this study is to demonstrate how preventive detention applied on a recurring basis and disregarding its criteria of exceptionality violates procedural rights, specifically in terms of the guarantee that the deprivation of liberty is not the general rule. Regarding the methodology of this investigation, a qualitative investigation has been carried out with a predominant scope in the descriptive and exploratory aspects to understand the reasons why pretrial detention is applied preferentially, even despite its exceptional nature and the relationship it has with the violation of the rights of the processed person. This leads to the development of an in-depth doctrinal, regulatory and jurisprudential review, which is related to the opinion of legal professionals interviewed in order to know all aspects of a critical nature regarding the exceptionality of preventive detention in the face of a proposal. that strengthens this criterion in terms of suitability, necessity and proportionality. This allows showing as results a proposal of a coherent and congruent nature with the exceptional nature of preventive detention as a personal precautionary measure in Ecuador. Indeed, the rights of the accused will be guaranteed and the contribution of the other precautionary measures will be valued to a greater degree.