Los presupuestos normativos aplicados dentro del procedimiento penal ecuatoriano están vulnerando el derecho humano de la presunción de inocencia

Abstract

The present work is focused on the violation of the human right of presumption of innocence that is being presented in the Ecuadorian criminal procedure, where the indiscriminate use of pretrial detention by the administrators of justice, is undermining the freedom of the citizens, in addition to disregarding doctrinal precepts such as the one of exceptionality and constitutional mandates that order that only through the declaration of guilt by means of an enforced condemnatory sentence, a fundamental right like freedom can be curtailed. In this sense, using a bibliographical and field research, the area in conflict has been explored, this is the administration of justice in criminal matters, the same as with the information expressed in its different files, have corroborated that it is indeed being violated the presumption of innocence, by applying without legal support the preventive detention in all types of crime, in such a way, this research proposes normative reforms of the laws that regulate this matter in order not to continue allowing violations of rights granted by the Supreme Standard in validity.