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

Abstract

Abstract: The general objective of the study is to analyze the vulnerability of constitutional rights and the guarantee of due process of the ruling of preventive detention without necessary grounds, the violation of the presumption of innocence in the application of preventive detention was identified and the social and legal consequences caused at the time of unjustifiably applying preventive detention on the alleged suspect, the figure of preventive detention violates the principle of innocence, established in paragraph 3 of Art. 76 of the Constitution of the Republic of Ecuador, since it is dictated with very lightness, which is why the social rehabilitation centers have an excess of inmates throughout the country, the main social effect is the degree of affectation suffered by the accused who has been deprived of his liberty, which occurs mainly in his psychological state: depression, low self-esteem, and also this causes instability fam iliar, among others and the legal consequences in the violation of the rights of freedom considered in the Constitution of Ecuador and Human Rights.