La prisión preventiva, un recurso mal utilizado en el derecho procesal

Abstract

This thesis has as general objective to analyze the vulnerability of constitutional rights and guarantees of due process of the opinion of detention without foundations necessary, in the same legal regulations for the application of the precautionary measure of preventive detention is analyzed, identified the infringement of the presumption of innocence in the application of preventive detention and the social effects and legal consequences caused when unjustifiably applying preventive detention of alleged suspected of committing a crime, reaching the following conclusions were established: regulations legal for the application of the precautionary measure of preventive detention is provided for in the Code of Criminal Procedure, the figure of preventive detention violates the principle of innocence, typified in paragraph 3 of Art. 76 of the Constitution of the Republic, as which is dictated very lightly, which is why the social rehabilitation centers, are in excess of inmates across the country, the main social effect, is the degree of damage suffered by the defendant who has been deprived of his freedom it occurs mainly in his state of depression, low self-esteem, and also this causes family instability, among others and the legal consequences in the violation of the rights of freedom considered in the Constitution of Ecuador and Human rights.