El incumplimiento de la orden judicial de arresto domiciliario como medida cautelar y su afectación de los derechos humanos de las personas detenidas.

Abstract

The privation of liberty is always an unfinished subject, most times, when we search justification for their existence is considered that their main motivation is the previous vulneration of another's rights. However, if the vulneration of another’s rights has not been proven of legal form, is the preventive prision justified? And more specifically, against people who deserve priority attention, is the preventive prision justified into the penal process?.

This work is motivated by the uniqueness that should be the deprivation of freedom and necessity to avoid more serious damage to the human rights of the accused, of those would have been violated as proceeds of crime. For this I will do a doctrinal analysis, constitutional, legal and jurisprudential concerning the characteristics of preventive detention and the problems caused by the inapplicability of diferent measures than the prision, as for example house arrest measures.